^A^^ 
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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


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2.0 


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PholDgra[diic 

Sciences 

Corporation 


23  WeST  MAIN  STRUT 

WIMTH.N.Y.  MSIO 

(716)872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CiHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Tschnical  and  Bibliographic  Notas/Nota*  tachniquas  at  bibliographiquas 


Tlia  Inttituta  has  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  this 
copy  which  may  ba  bibliographically  uniqua. 
which  may  altar  any  of  tha  imagas  in  tha 
reproduction,  or  which  may  aignificantly  changa 
tha  usual  method  of  filming,  ara  chackad  balow. 


D 


D 


□ 


n 


n 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagte 


Covers  restored  and/or  laminated/ 
Couverture  restaurte  et/ou  peiliculAa 


I — I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  gAographiquas  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleua  ou  noire) 


I      I   Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  9n  couleur 

Bound  with  other  material/ 
RaliA  avac  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrde  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intAriaura 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouttes 
lors  d'une  restauration  apparaissant  dans  la  taxta, 
mais,  lorsqua  cela  6tait  possible,  ces  pages  n'ont 
pas  6x6  film6as. 

Additional  comments:/ 
Commentaires  supplimentairas; 


Thfl 
tot 


L'institut  a  microfilmA  la  maillaur  axamplaira 
qu'il  lui  a  it*  possible  de  sa  procurer.  Lea  details 
da  cat  axamplaire  qui  aont  paut-Atra  uniques  du 
point  da  vua  bibliographiqua,  qui  pauvant  modifier 
una  image  reproduite.  ou  qui  pauvant  axiger  une 
modification  dans  la  mithoda  normala  de  filmaga 
aont  indiquia  ci-dessousi 


I     I   Coloured  pages/ 


D 
D 

0 
D 


D 


Pages  da  couleur 

Pages  damaged/ 
Pages  endommagias 

Pages  restored  and/or  laminated/ 
Pages  reataurias  et/ou  peilicuiiea 

Pages  discoloured,  stained  or  foxed/ 
Pages  dicolories,  tachifitAas  ou  piquAes 

Pages  detached/ 
Pages  ditachies 


Thi 
poi 
of 
fiN 


Ori 
bai 
tha 
sio 
oth 
firs 
sio 
or 


r~l   Showthrough/ 


Transparence 

Quality  of  prin 

Quaiiti  inigaia  da  I'imprassion 

Includes  supplementary  matarii 
Comprend  du  material  supplimantaire 

Only  edition  available/ 
Seule  Edition  disponible 


I      I    Quality  of  print  varies/ 

I      I    Includes  supplementary  material/ 

r~~|    Only  edition  available/ 


Th« 
shi 
Ti^ 
wh 

Ma 
dif 
en^ 
ba( 
rigl 
req 
me 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiallament 
obscurcies  par  un  fauiilet  d'errata,  une  pelure. 
etc..  ont  6t6  filmies  6  nouveau  de  fa^on  A 
obtanir  la  meilleura  image  possible. 


This  item  is  filmed  at  tha  reduction  ratio  chackad  balow/ 

Ce  document  est  filmi  au  taux  da  reduction  indiqui  ci-dassous. 


10X 

14X 

18X 

22X 

26X 

aox 

V 

12X 

16X 

aox 

24X 

28X 

32X 

Th«  copy  filmad  h«r«  has  b««n  r«produc«d  thank* 
to  tho  g«n«ro«ity  of: 

Library  of  the  Public 
Archivas  of  Canada 


L'axampiaira  film*  f ut  raproduit  grica  k  ia 
flAn^roait*  da: 

La  bibiiothAqua  das  Archlvat 
pubiiquas  du  Canada 


Tha  imaga*  appaaring  hara  ara  tha  baat  quaiity 
postibia  conaidaring  tha  condition  and  lagibiiity 
of  tha  original  copy  and  in  Icaaping  with  tha 
filming  contract  spacifications. 


Original  copiaa  in  printad  papar  covara  ara  fiimad 
baglnning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illuttratad  impraa- 
sion,  or  tha  bacic  covar  whan  appropriata.  All 
othar  original  copies  ara  fiimad  beginning  on  tha 
first  paga  with  a  printad  or  illuatratad  impras- 
sion,  and  anding  on  tha  laat  paga  with  a  printad 
or  illuatratad  imprassion. 


Laa  imagas  suivantas  ont  4ti  raproduitas  avac  la 
plua  grand  soin,  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axampiaira  film6.  at  an 
conformity  avac  las  conditions  du  contrat  da 
fllmaga. 

Laa  axamplairas  originaux  dont  la  couvarture  an 
papiar  aat  ImprimAa  sont  f  llmAs  an  commanpant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darniAra  paga  qui  comporta  una  amprainta 
d'imprassion  ou  d'illustration,  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autres  axemplalras 
originaux  sont  f limAs  en  commengant  par  la 
pramlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  at  en  terminant  par 
ia  darnlAre  page  qui  comporte  une  telle 
empreinte. 


The  laat  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^^  (meaning  "CON- 
TINUED"), or  tha  symbol  V  (meaning  "END"), 
whichever  appiiaa. 


Un  das  symboles  suivants  apparattra  sur  la 
darnlAre  image  de  cheque  microfiche,  selon  le 
caa:  le  symbols  — ►  signifie  "A  SUiVRE".  le 
symbols  ▼  signifie  "FIN  ". 


Maps,  plates,  charu.  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illuatrate  the 
method: 


Lea  cartes,  planches,  tableaux,  etc..  peuvent  §tre 
filmte  A  dee  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  11  est  film*  A  partir 
da  Tangle  supArieur  geuche,  de  gauche  h  droite, 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'images  nAcessaira.  Las  diagrammes  suivants 
illustrant  la  mithoda. 


1 

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MRv WILLIAMS,  OF  MAINE, 


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DEUVERED  IN  THE  SENATE  OP  THE  UNITED  STTATES,  MAY  14,  1838. 


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WASHINGTON 

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SPEECH. 


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In  8eiuUt,Ma^  14/1838 — On  asking  leave  to  bring 
in  a  bill  to  provide  for  running  and  marking  the 
Northeastern  Boundary  line,  according  to  the 
treaty  of  1783. 

On  a  former  day,  I  gave  notice  that  on  this  day 
I  would  ask  leave  to  introduce  a  bill  to  provide  for 
mnning  and  marking  the  Northeastern  Boundary 
line,  according  to  the  treaty  of  1783,  and  pursuant 
to  that  notice,  I  propose  now  to  ask  that  leave. 
The  object  of  the  bill  is  to  make  it  the  duty  of  the 
President  to  cause  that  line  to  be  run  and  marked, 
as  it  is  described  in  the  Treaty  of  Peaee. 

Among  the  few  questions  remaining  unsettled  be- 
tween this  country  and  foreign  nations,  there  is,  pro- 
bably, not  one  so  irritating,  and  so  likely  to  disturb 
our  amicable  relations,  as  that  of  the  Northeastern 
Boundary.  It  is  now  more  than  half  a  century 
since  our  ancestors,  by  their  struggles  and  suffer- 
ings in  the  war  of  the  Revolution,  successfully  re- 
sisted the  tyranny  and  oppression  of  the  mother 
country,  and  obtained  for  themselves  and  their  pos- 
terity the  acknowledgmant  thai  the  then  colonies 
of  Great  Britain  were  free,  sovereign,  and  inde- 
pendent States,  and  a  relinquishment,  by  his  Bri- 
tannic Majesty,  of  all  claims  to  the  Oovernment, 
frofriety,  oMd  territorial  right$  oftht  tame  and  every 

Strt  thereof;  and  yet,  at  this  day,  it  is  a  fact  that  the 
ritish  Government  usurp  possession,  and  claim 
jurisdiction,  over  more  than  one  third  part  nf  the 
State  of  Maine,  then  part  of  the  province  of  Mas- 
sachusetts  Bay,  the  government  and  territory  of 
which  were  expressly  relinquished.  Yes,  sir,  not- 
withstanding the  territory  now  in  diipute  was,  at  the 
formation  of  the  treaty,  part  ani  fitrcet  of  the  then 
promnee  of  Ma$$aehutetla  Bay,  and  so  represented 
and  designated  upon  Mitchell's  map,  which  was 
used  and  referred  to  by  the  commissioners  in  mak- 
ing the  treaty,  it  is  true  that  the  British  Govern- 
ment new  eUdm  il  as  a  part  o/Mw  Brunswick,  then 
Nova  Scotia,  and  deny  to  this  Government  the 
Tight  to  occupy  it,  or  to  exercise  any  jurisdiction 
over  it.  This  claim,  by  the  British  Oovernment,  is 
comparatively  of  recent  origin,  (having  sprung  up 
aiDce  ibe  treaty  of  Obent,)  bot  is  penuted  in  with 


great  tenacity,  and  has  been,  and  still  is,  the  causa 
of  continued  border  difficulties  between  the  people 
and  authorities  of  the  State  of  Maine  and  of  theprc^ 
vince  of  New  Brunswick,  and  those  troubles  are 
inerearing  daily.  Already  have  some  of  our  own 
citizens  been  arrested  upon  our  own  territory,  drag- 
ged to  a  foreign  jail,  imprisoned,  tried,  and  con- 
demned, under  the  pretence  of  offences  against  the 
eovereignty  and  laws  of  a  foreign  Oovtmment,  but 
in  fact  for  no  crime  other  than  obeying  or  attempt- 
ing  to  execute  the  laws  qf  their  own  country  within 
our  rightful  limits.  And  the  Oovernment  and  peo- 
ple of  Maine  are  warned,  by  the  authorities  of 
New  Brnnswick,  that  iny  attempt  to  exercise  juris- 
diction within  what  they  denominate  "disputed 
territory,"  will  be  resisted  and  repelled  "if  the 
whole  military  force  of  British  America  should  be 
necessary  to  effect  it."  This  is  a  condition  of 
things  that  cannot,  and  will  not,  bt  submitted  to. 
Soon  after  Maine  was  separated  from  Massachu- 
setts, in  1819,  measures  were  taken  for  the  protec- 
tion of  the  timber  upon  a  part  of  what  is  now 
claimed  to  be  disputed  territory,  surveyed  some  of 
the  lands  into  tonrnships,  and  made  preparations 
for  opening  roads  and  settling  the  country.  Some 
of  these  acts  were  complained  of  by  the  British 
Qovernmeat  as  inconsistent  with  the  understanding 
between  this  Government  and  Oreat  Britain,  "that, 
pending  the  negotiations  for  settling  the  boundary 
line,  each  party  should  abstain  from  any  acts  of 
sovereignty  over  the  contested  tenitory,  and  upon 
the  request  of  the  Gkneral  Government,  Maine  post- 
poned some  of  her  proposed  improvements.  At 
the  same  time  the  authorities  of  New  Brunswick 
were  extending  their  claims  to  ownership  and  joria- 
diction,  which  furnished  cause  of  complaint  by 
Maine  to  the  General  Government,  which  was 
communicated  by  the  latter  to  the  British  Govern- 
ment, producing  at  some  tim<>e  •  disavowal  of  the 
acts,  and  at  other  times  a  claim  that  the  acts  were 
justifiable.  In  this  state  of  things  the  attention  of 
the  Legislature  of  Maine  was  often  called  to  the 
subject  of  their  boundary,  and  the  history  and  evH 
dence  of  their  title  have  been  embodied  in  reports 
and  reaolalions  which  were  forwarded  to  Congress, 


fttirl  ili<?  aid  of  the  Qenf  ral  Government  iirj?ently 
rf;qiiesl('(l  tn  briy^  about  ihc  sctilemenl  and  esta- 
blishment of  the  line  oi  boundary.  More  recently, 
and  -iiice  the  rornmi-nceintnt  nf  the  pre^enl  session 
of  Ciiiii?ress,  (very  »iioii  alter  ihi?  ri'ci'ipi  of  the  laM 
communifaiii'ii  fnnn  the  ISntish  nnvcmrnfnl  upon 
Ihc  hDiiiiiliuy  qiiP>tion,)  the  Pr'.'nidi'ril  caused  to  be 
sent  to  the  Governor  of  Maitie  a  st,»teinenl  of 
the  curre^pondenre  which  had  been  had  between 
the  Qov»rnmenis  of  the  United  Slates  amt  Great 
Britain  upon  the  subject  of  the  boundary,  since  the 
rejection  of  the  opinion  of  the  arbiter  in  1832,  with 
a  reqiaest  ;hat  he  would  adopt  such  measurex  as  he 
might  deem  n'cesory  to  ascertain  the  sense  of  the 
Stale  of  Maine  with  rcsp«ct  lo  the  expediency  of 
attempting  to  estabhsh  a  conventional  line,  as  well 
an  to  additional  surveys  and  explorations  with  a 
view  lo  the  satisfactory  adjustment  of  the  ct)nirr- 
versy  according  to  the  terms  of  the  treaty,  or  ena- 
bling the  parties  to  decide  more  unde rstandingly 
upon  the  expediency  of  opening  a  negotiation  for  a 
line  that  would  suit  their  mutual  convinience,  Ac. 
The  niessaije  cif  the  Gi)vcinor  coniraunic;itina:  that 
Matenient  to  the  Let<Jailature,  and  the  resoluti(in.s  of 
the  Leij'islature  thcreupot*,  which  I  had  the  honor  a 
few  d.iys  ajfo  to  present  lo  the  Senate,  have  been 
primed,  and  ar«  in  the  hands  of  Senators.  Thry 
are  a  full,  unequivocal,  and  direct  respon.se  to  ih" 
questions  propounded,  and  speak  the  language  and 
determination,  not  o(  n  parly,  or  of  a  mere  tnajori- 
(y,  but  of  the  whole  Legislature  and  people  of 
Maine.  This,  sir,  is  no  party  question  in  Maine. 
Theie'<olepeop/eof  that  State  i'eel  that  they  are  in- 
jured, and  ihat  Iheir  ap;)cals  lo  the  General  Go- 
vernment for  the  pnneciion  and  guarantee  of  their 
rights,  which  they  believe  the  Constitution  of  the 
United  States  was  dt-signed  to  afford  Ihem,  have  al- 
ready been  too  long  disregarded;  and  they  now 
hope  and  trust  tliat  Congress  will  adopt  such  mea- 
sures as  will  insure  the  running  and  marking  of 
the  boundary  line  between  that  State  and  a  foreign 
Government,  according  lo  the  terms  of  'Ac  trtaty- 
Such  measures  are  not  intended  by  Maine,  and 
ought  not  to  be  regarded  by  others,  as  hostile,  but 
a.s  means,  and  probably  the  only  means,  of  settling 
the  que.stion  of  boundary  for  many  years  yet  to 
come.  The  bifl  which  I  propose  lo  submit  and 
urge  the  passage  of,  in  conformity  with  the  resolu- 
tions of  my  Stale,  provides  that  the  President  shall 
cause  the  boundary  line  to  be  run  and  marked 
agreeably  to  the  provisions  of  the  treaty  <f  peace 
of  1783.  The  lime  for  executing  ihis  i«rvice,  and 
the  manner  of  doing  it,  is  left  entirely  to  tht;  discre- 
tion of  the  President,  and  it  is  believed  that  it  may 
•he  done  wilhotil  giving  just  cause  of  offence  to 
Great  Britain.  What  other  mode  of  running  this 
line  of  boundary  can  be  pursued  whtn  it  is  c<»n- 
■idered  that  our  Government  has  repeatedly  pro- 
posed to  the  Government  of  Great  Britain  muinal- 
ly  to  appoint  suri'eyors  or  commissioners  to  run 
and  mark  the  line  oeeordiiig  to  the  trtaty,  and  that 
those  pri  positions  have  been  declined  on  the  pre- 
tenve  that  the  description  of  the  line  in  the  treaty  is 
ico  imperfect  that  it  is  impracticable  to  run  that  line 
-to  as  to  conform  to  the  terms  of  the  treaty,  and  that 
•the  Briti.vh  Government  still  lefu.ses  to  assent  to 
ifuch  a  !>nrvey  and  running  of  the  line  vntts$  thU 
GotitriMMMt  viUsgrte  to  »%uk  prtthninmiu  u  mituid 


ehangf,  or  render  imprattieable,tKe  mrtity  of  the  Hnt 
of  the  treaty. 

It  will  be  .seen  by  reference  lo  the  correspondence 
between  this  Government  rndthatof  Gp-nt  Britain, 
since  the  rejection  of  the  opinion  of  the  ai  biter,  that 
our  Government  hjve  been  consiamly  eiideavoring 
to  open  negotiations  with  Great  Britain  for  the  esta- 
blishment iif  tlie  line  according  to  the  treaty  of 
17tS3j  hni  the  British  Government  have  declined  to 
nfgoiiate  vjion  that  basis,  and  have  insisted  and 
:«iili  insist,  ihat  a  conventional  lint  must  be  substilu- 
for  the  treaty  line.  That  there  may  be  no  mistake 
upon  Ihis  pari  of  the  subject,  the  correspondence 
between  the  two  Governmen's  should  be  examined 
with  care,  and  it  will  .show  that  on  the  31st  of 
July,  18:(j,  Mr.  Livingston  informed  Mr.  Bank- 
head  that  the  decision  of  the  arbiter  had  been  re- 
jected by  the  Senate;  and  that  the  President,  in  pur- 
suance of  the  advice  of  the  Senate,  proposed  "to 
open  a  new  negotiation  with  his  Britannic  Majes- 
ty's Government  fur  the  ascertainment  of  the  boun- 
dary between  the  possessions  of  the  United  States 
Olid  those  of  Great  Britain  on  the  northeastern 
frontier  of  the  United  States,  aetofding  to  the  treaty 
ef  peace  (^  1783;"'  and  it  was  further  su^ested  that 
it  ilie  p  uties  shi)UliJ  be  unable  lo  agree  upon  the 
f slabli>hment  of  the  treaty  line,  means  might  be 
found  of  avoiding  the  const!' uiional  difficulties 
thai  hitherto  had  attended  the  establishment  of  a 
boundary  more  convenient  lo  both  parlies  than  that 
designated  )  y  the  treaty,  and  that  such  a  negotia- 
tion would  naturally  embrace  the  right  of  naviga- 
tion ot  the  riverSt.  John.  Onlhel4thof  April,  1833, 
Sir  Charles  R.  Vaughan  replied  "Ihat  his  Majesty's 
Government  regret  that  they  cannot  discover  in  this 
proposition  any  probable  means  of  arriving  at  a 
settlement  of  this  d  fliculi  question.  It  appears  to 
his  Majesty's  Government  to  be  vtterly  heptltsa  to 
attempt  to  find  ou',  at  this  time  of  day,  by  means 
of  new  negotiation,  an  assumed  line  of  boundary 
which  successive  nesoiiatora,  and  which  commis- 
sioners employed  on  the  spot  have,  during  so  many 
years,  failed  to  discover,  t&c;  that  his  Majesty's 
Government  will  eagerbf  avail  themselves  of  any 
probable  chance  of  briueing  the  question  to  :>  sa- 
tisfactory settlement,  and  will  lose  no  time  in  et:- 
deavoring  to  ti$eertain  from  Mr.  Livingston  in  the 
first  place,  tehat  u  the  principle  of  the  plan  of  boun- 
dary which  the  American  Government  appear  to 
coBfemplate  as  likely  to  be  to  he  more  eomeonia^  to 
both  parties,  dtc.;  whether  any,  and  what  arrange- 
ment for  avoiding  the  constitutional  difficulties 
has  yet  been  concluded  with  the  State  of  M aiBf , 
that  it  was  nece<>sary  that  bis  iMajtatyU  Govtm- 
ment  should  be  itv/'onnn'  of|hekut<  apnn  which  it 
is  proposed  to  negotiate  before  they  can  either  en- 
tertain the  proposal,,  or  deptde  upon  instructions  to 
be  given;  that  they  must  he  pr<noMsfy  atsmtd  that 
the  President  vill  possess:  the  poirer  of  carcyiBg  in- 
to effect  his  part  of  any  eagagcment,  &c.^  and  that 
his  ^iajesly  cannot  consent  to  nabarrass  the  nego- 
tiation respectiog  the  boundary,  by  mixing  up  tpUh 
it  a  dimmnkm  re^iHng  Mr  navif  oHm  wftheriomr  St. 
John.'' 

On  the  30thof  April,  1833,  Mr.  Livingston  i  firo- 
pqsed  to  Sir  Charlies  R.  Ynughan  that  the  disad- 
vantages of  the  QHxks  of  sett  lenient  hevelofoM 
adopted  might  he  avoided  by  appuintiag;  a«air 


y  of  tht  tint 

rrspondence 
iri-'fit  Briiain, 
HI  biter,  that 
eiicleavoriiig 
tor  the  esta- 
he  treaty  of 
dedintd  to 
in.si.sted  and 
t  be  subsiiin- 
s  no  mistake 
re.spondencfl 
be  examined 
the  31st  of 
Mr.  Bank' 
had  been  re- 
dent,  in  pur- 
reposed  "to 
innic  Majes- 
i)f  ihe  boun- 
J  111  led  States 
northeastern 
to  the  treatj/ 
ig^ested  that 
ree  upon  the 
ns  might  be 
difficalties 
Rhment  of  a 
ties  than  that 
h  a  negotia- 
it  ofnaviga- 
r  April,  J833, 
his  Majesty's 
iccver  in  this 
rriviug  at  a 
It  appears  to 
r/y  heptleu  fo 
y,  by  means 
of  boundary 
ich  cotnmis- 
ing  so  many 
is  Majesty's 
lives  of  any 
tiun  to  :<  sa- 
)  tine  ia  ei:- 
ngaton  in  the 
Jan  of  boua- 
Dt  appear  to 

BOtlMtUMM  to 

hat  arrange- 
di£fieuities 
i  of  Maiat , 
ft  GwMfn- 
too  which  it 
in  either  eti- 
iitructieos  to 
anmtd  that 
eartyiag  in- 
craod  that 
»  the  Bego- 
•ingup  ffUh 
theriturat. 

DgMonfre- 

:  the  disad- 

horetofoye 


f.ommissif  n,  ron^isMns  t>i"  nn  rqual  ntimb''r  cI 
commi.isioner*,  with  nn  umpire  seln;ip  I  by  some 
friendly  sorpn-l^n,  to  dfcldn  on  all  pi)int<  on  winch 
they  di.sRgree;  or  hy  a  romrnisMon  pniirely  mm. 
posed  of  skiit'iil  mm  in  E.irope,  so  .■^olf'-icd,  m  \e 
attended  in  the  survey  and  vii'w  of  the  coin. try, 
liy  agent*  uppoint-d  hy  t'ip  piirij.'s.  And  fiirllH'r 
sui<;?CNted  diiit  wh?re  two  iiiitural  lioii'tdaries  are 
named,  and  ninninj?  fiorn  one  to'.varil.s  the  other 
on  the  prescribed  course  will  not  t'urh  the  other, 
the  rule  i.s  not  lo  c.Misidcr  llie  b.  iiiid.irv  ns  one  ini- 
poxsible  fo  he  traced,  but  to  preserve  die  naliiiiti 
boundary,  and  to  u-ac.h  it  by  llie  iieartsi  direct 
course.  Tlius,  if  alter  more  accural*  .^urvtys 
shall  have  been  maili',  it  .<;honld  le  found  that  lii* 
north  course  from  the  head  of  dm  St.  Croix  should 
not  reach  thtt  higlilands,  which  an.swerthf  I'escnp- 
tion  of  those  de.-sgnaled  in  the  ir.Mtv  of  1783,  then 
a  direct  line  from  the  head  of  tht-  St.  Croix,  what- 
ever may  be  ilsdircctirm,  to  such  hifthlandu  ou'jht 
to  be  adopted,  and  the  line  will  still  be  conforma- 
ble to  the  treaty;  and  Mr.  Livin;.'ion  inform*  Sir 
Charles  R,  Vauuhan,  tnal  the  anticipations  of  nn 
arrangement  by  which  ihe  Government  of  the  Uni- 
ted States  mi.^ht  be  enabled  to  treat  (or  a  niore 
convenient  boundary  have  not  been  realized,  and 
in  the  presmt  state  of  thingn,  \h<!\'  must  treat  on 
ihe  basis  of  the  establishment  of  t!u  bounilarif  pre- 
sented  by  the  treaty. 

On  llih  of  May,  IS^.I,  Sir  Cliaile.-i  U.  VaHshuii 
replies  that  be  is  convinced  (/»uri7  is /lo/it/ess  to  ex- 
pect a  favorable  result  from  a  renewed  negotia- 
tion upon  tknl  baslv,  lint  with  icfiiird  lo  the  propo- 
salof  a  coiriiiii,s.sio!i  oi'  boundary,  it  would  be  with 
great  reluctance!  thai  tiie  British  Govcrniripni  could 
consent  to  h  tve  recourse  tn  such  a  iivasme;  tind 
that  he  dofs  not  siifli«ii'iiilv  comprehend  Ihe  other 
view  which  Mr.  L.  his  partially  developed,  and 
.sugjfests  th;it  in  deviating  (Von  the  direct  north 
line  might  K^ad  to  mountains  lo  the  eastutuji/of  i<, 
which  would  trench  upo'i  his  Majos'y's  tcrriturics 
of  New  llninswicK-,  nwl  hmtes  Mr.  L-  to  off.r  smne 
more  prompt  and  etfeetual  mfiMuie  for  the  settle- 
ment of  the  lioun.laiy,  than  the  rrnewal  of  a  n';ro- 
tlation  on  an  innilriiiyMe  busts,  or  having  recouise 
again  to  commissions  of  boundarv,  &c. 

On  the  23ih  Mav,  IS.'O,  Mr.  Livingston  informs 
Sir  Charles  II.  Vaughan  that  the  American  Go- 
veinment  make  no  pretensions /ur/Ztcr  east  than  a 
line  directly  north  from  the  source  of  the  river  St. 
Croix;  but  if,  on  a  moie  accurate  survey,  it  should 
be  found  that  the  norih  line  mentioned  in  the 
treaty  should  pass  each  of  the  highlands  therein 
described,  and  that  they  should  be  found  at  some 
point  further  west,  then  ihe  principle  would  apply, 
viz:  that  the  direcrion  of  the  line  to  crmnecl  the 
two  natural  bmindaries  must  be  altered,  so  as  to 
suit  their  a.';c?riained  position;  and  to  simplify  tli'! 
opei^iion,  ibf.  President  is  willing  that  Ihe  com- 
mi.ssioners  should  be  restricted  to  ilie  siiiele  que?- 
tif.n  of  (laterniininf?  the  point  deuiKnated  by  the 
lieaty  as  the  hislilauds  whicli  d'vide  the  waters,  to 
which  point  a  straight  line  shall  be  drawn  from  the 
monument,  «ic. 

On  the  31st  May,  1833,  Sir  Charles  R.  Vauphan 
replies,  th.it  it  appears  to  him  that  the  question  of 
boundary  can  only  be  set  a'  '"st  by  an  abmdonment 
of  the  dsfective  description  oj  .  .undary  contained  in 


the  trtaiy,  and  the  tw  i  Oovfrnmems  mutually 
aufceiiic  open  a  fnnrcntionut  tint  uutre  rcnrtmrnf  to 
both  p$rlita;  that  the  |ir<>pii>iii(Mi  ni  .Mi.  Livinu- 
st«m  I  so  rfftiict'd  tn  the  terms  aflh-  Iralti,  thai  'he 
')rt."iij  of  it  i>  the  fcame  as  that  which  b--  lia*  been  iii- 
Urncted  hy  lih  Unvrrnmmt  I"  inform  the  (i"virn- 
nii'ntofilie  Inili'd  Slates  that  it  was  Impiiits  In  ne- 
ffnlialf  upon.  While  tli»  poini  of  dcpailaie  ot  the 
line  to  be  iraccd  accoiding  to  the  proiiosiiion  of 
.Mr.  Livingston  is  cit-ntiv  established,  Ihi  point  at 
v^hicU  it  is  t>  lenninale  is  led  in  douiil,  and  lo  U' 
decided  by  the  special  commission,  etc.  He  wiNlm.^ 
to  be  inforiiifil  what  liinitttlions  ii  ir.  inlendt'd  lo  put 
upon  the  course  to  be  lnllowe.l  by  the  comiiiissinii; 
whctlier  iheaitention  of  the  ci'mtiii*<i(iii''r  i"  lo  be 
directed  ti)  any  parliculur  spot,  or  wliedier  ihev  are 
to  be  left  at  liberty  to  slop  at  the  yiot  liif^hlaiMls 
answcrin;?  the  require  I  description,  ami  iil'>crves 
that  the  impression  left  upon  his  mind,  afirr  a  con- 
versation with  Mr.  LivinisicM.andthc  production  of 
a  map  upon  a  small  scale,  is,  that  the  hit:htundi  to 
4(f  sought  in  the  manner  he  proposed,  w.ruld  priilia. 
biy  be  f»iund  north  of  thf  St.  .hhns,  but  veslirur.l 
some  miles  of  Ihe  river  St,  Fiaiuis,  and  that  h* 
would  be  happy  to  receive  from  Mr.  McLane 
.some  further  explanation  of  the  intended  c'uir.e  to 
be  pointed  out  to  the  special  commissioners. 

On  the  5th  .Tune,  1S33,  Mr.  McLuie  trplir-*  that 
it  is  not  expecled  thai  any  Uinilntinns  will  be  put 
upon  Ihe  co'irse  to  be  imrsued  bv  the  .xpeciid  cmii- 
missioners,  but  such  as  an"  ri'ijuifd  by  a  laithlnl 
adherence  to  the  description  of  the  boundary  in  the 
treaty  of  17B3,  and  proposes  to  make  another  ciFort 
to  oveicorae  the  difficulty,  and  dis-antinj?  the  due 
north  line,  should  that  bee  une  nccts^arv;  l"  ^c•^ic 
for  and  find,  in  the  fiist  place,  the  "  lii^hlaiid< 
which  dividtf  those  rivers  that  empty  tbi'in-elves 
into  Ihe  river  St.  Lawrence,  tVom  those  wliich  fall 
into  the  Atlantic  Ocean;"  and  when  the  e  shall  be 
found  in  any  part  of  the  disputed  territory,  north  or 
south  of  ihe  St.  .lohns  river,  to  draw  a  line  from 
the  monument  to  the  saiil  highlands,  and  lo  that 
point  thereof  which  shall  be  nearest  lo  a  due  norih 
line  from  the  inonuiuent. 

On  the  10th  Fcbruarv,  1834,  Sir  Charles  R, 
Vansthan  replie«,  that  no  sati.sficiory  or  nsf-ful  re- 
sult could  be  obblined  from  the  local  survey  pro- 
posed by  the  American  Government,  until  'Uv  two 
parties  are  ajjrced  upon  crtnin  points  urged  '  ■  '.Im, 
and  says  nodj'ubt  can  exist  that  hy  Roinsf/iirfi.  igh 
to  the  leestward,  such  hi^hlantls  as  Ihos"  requireu  by 
Ihe  treaty  coiild  be  found,  because  it  is  icell  known 
that  ihe  hi^h  ground  in  llie  neighborhood  of  the 
source  of  the  St.  ,/u/trw  divides  the  Kennebec,  which 
falls  into  Ihe  Ailaiiiic  Ocean,  from  the.  Chaudiere, 
which  faMs  into  the  St.  Lawrence;  and  upon  a  lull 
view  of  Ihe  matter,  his  Maji-sty's  Government  ihinlc 
that,  in  the  ftvH  place,  and  previously  lo  any  further 
negotiation,  they  are  entitled  to  claim  from  the  Go- 
vernment of  Ihe  United  Stales  an  acquiescence  in 
the  decisions  prontninced  bv  the  nrbil'T  upon  all 
tho.se  points  which  lie  has  decided;  and  in  the  next 
place,  that  as  a  preliminary  to  any  attempt  lo  set- 
lie  the  remaining  point  by  negotiation,  ihey  ought 
to  be  satisfied  thai  the  Government  with  which  they 
have  lo  treat  is  possessed  of  the  poioers  ni-ce-ssary  for 
carrying  into  effeit  any  arrangement  upon  which  the 
two  parties  mi>;.ht  agree. 


n 


On  ihr  llih  March,  1834,  Mr.  McLnne  replies, 
that  the  nrbiier  hnviiiK  Tailed  to  decide  the  que.<<tion 
tubmiited  h>  him,  (he  npiiiions  nf  thai  arbiter,  in  the 
course  (jftiis  rcii.''i>nin(;  upon  tlie  pnjiit  Kubiiiittr'l, 
nr«  liable  to  many  (ibjcctiDnn,  wliich  are  regarded 
a<  insuperable,  and  repeals  the  prnpoyiiion  to  muh- 
niit  the  whole  siibj 'ct  to  the  commission,  wilh  an 
vntimiltd  diKrrtioit  vver  all  thr  poitUn  necessary  to 
llie  proper  decision  of  the  sulij.'ci  committed  to  it. 

March  16,  1834,  Sir  Charles  R.  Vaughan 
leplies,  tliiii  under  aueh  a  coinmis.siim,  not  a  .step 
could  be  taken,  unles.s  the  two  Qovernmenls  aerce 
upon  two  of  the  subordinate  poini.s,  viz:  the  eharac 
ter  qfthf  /(inrfthcy  are  to  discover  as  dividing  watei.s 
according  to  the  treaty  of  1783,  and  what  are  to  be 
consiilered  a.n  Mlantic  rivers- 

March  21,  1834,  Mr.  McLane  replies  that  the 
United  Staie.s  have  no  power  to  di.scard  the  line 
called  for  by  the  treaty  of  17S3,  without  the  assent 
of  Maine;  and  that  absent,  in  the  present  .state  of  the 
controversy,  while  there  remains  a  rca.sonabJe  hope 
of  discovering  the  true  and  original  boutidary,  it  is 
not  po.vsible  to  obtain;  and  under  .<^uch  circumstan- 
ces, the  Government  of  his  Ilritannic  Majesty  is  in- 
vited to  unite  with  the  President  in  another  effort, 
aided  by  the  adoption  of  a  plain  and  easy  rule  of 
surveying,  to  find  the  line  of  the  treaty  of  1783. 

December  8,  1834,  Sir  Charles  R.  Vaughan  re- 
peat.s  the  arguments  before  urged  a.<!  to  the  necessi- 
ty of  agreeing  upon  the  characttr  of  the  highlandi 
and  the  river  queslion,  and  trust!)  that  the  American 
Government  will  be  prepared  to  agree  with  that  of 
his  Majesty  as  to  the  construction  to  be  put  upon 
the  passage  of  the  treaty  respecting  the  rivers  which 
empty  into  the  Mantie  ocean,  and  will  concur  in 
deciding  that  the  Mantie  rivers  which  are  to  guide 
the  commissioners  in  searching  for  the  highlands 
described  in  the  treaty,  are  those  rivers  which  fall 
into  the  sea  to  the  tDtstward  of  the  mouth  of  the  river 
St.  Croix;  and  he  is  instructed  to  represent  to  Mr. 
Forsyth  that  his  Majesty's  Government  consider  a 
clear  agreement  between  the  two  Government  on  this 
point  to  be  an  indisputable  preliminary  to  the  esta- 
blishment of  any  new  commission  of  survey. 
Till  this  point  is  decided,  no  survey  of  commis- 
sioners can  lead  to  any  useful  result.  But  the  de- 
cision of  this  point  turns  upon  the  interpret.ilion  of 
the  words  of  the  treaty,  and  not  upon  the  operii- 
lion  of  sitrvejMrs  ;  and  his  Majesty's  Government 
having  once  submitted  this  point,  in  common  wilh 
others,  to  the  judgment  of  an  impartial  arbiter,  by 
whose  award  th»y  have  declared  themselves  ready 
to  abide,  they  cannot  consent  to  refer  it  to  any 
other  arbitration. 

April  28,  18.35,  Mr.  For.syih  replies  that  it  is 
with  unfeigned  regret  the  President  learns  the  di  ci- 
.<ion  of  his  Majesty's  Governineni  not  to  agree  to 
the  proposition  made  in  tiiat  spirit  of  accommoda- 
tion by  which  the  United  Slates  have  throughout 
been  influenced,  without  a  precedent  compliance  on 
their  pait  wiih  inadmissible  conditions;  a  the 
President  has  made  it  the  duty  of  Mr.  Fu  ih  to 
apprise  Sir  Charles  R.  Vaughan  that  he  .miiot 
agree  to  chig  the  submission  with  the  condition  pro- 
posed by  his  Majesty's  Government,  and  that  a 
liew  submission,  if  mitde,  should  be  made  without 
restriction  or  qualificalicm  upon  the  disarction  of 
the  coininis.sioners,  other  than  such  as  rei>ult  from 


eitablished  fact.*,  and  the  juM  interpretation  of  the 
treaty  ol  1783,  and  Ruch  as  heretofore  have  been, 
and  arti  now  again,  tendered  by  him  to  his  Dritan- 
nic  Maje.sty'.s  Government,  and  invites  a  proposi- 
tion from  his  Majesty'.s  Government. 

December  38,  \S'M),  Mr.  Bankhead,  under  in- 
siru(  tions  from  his  Majesty's  Qovernmrnt,  argues 
the  river  qiie.stion,  and  says  that  with  re.«peci  to  the 
President's  proposal  lor  a  commission  of  explora- 
tion and  survey,  his  Majesty's  Government  could 
only  agree  to  hitch  a  conimi5si(m,  providtd  there 
were  a  previous  underttunding  between  the  two  Go- 
vernmvnts  that,  although  neither  .should  be  required 
to  give  up  its  own  interpretation  of  the  river  ques- 
tion, yet  as  the  commission  of  survey  would  be  in- 
tended for  the  purposes  of  conciliation,  and  with  a 
view  of  putting  an  end  to  discussion  on  contro- 
verted points,  the  commissioners  .should  be  in- 
structed to  search  for  highlands,  upon  the  character 
of  which  no  doubt  could  exist  on  either  fide;  repeal.s 
that  his  Majesty's  Government  are  ready  to  treat 
for  a  conventional  line,  and  proposes  to  divide  the 
disputed  territory  equally  between  Great  Britain  and 
the  United  Slates. 

February  29,  1836,  Mr.  Forsyth  replie.i,  that 
agreement  between  the  two  Governments  is  im- 
possible, while  his  Majesty's  Government  continues 
to  maintain  the  position  indicated  by  Mr.  Bank- 
head's  note;  declines  the  proposition  of  his  Majes- 
ty'.s Government  to  divide  the  disputed  territory 
equally  between  the  two  ('Overnments,  and  says 
that  the  President  will,  if  his  Majesty's  Govern- 
ment consents  to  it,  apply  to  the  State  of  Maine 
for  its  as.sent  to  make  the  river  St.  Johns,  from  its 
source  to  its  mouth,  the  boundary  between  Maine 
and  his  Majesty's  dominions  in  that  part  of  North 
America. 

March  4, 1836,  Mr.  Bankhead  refers  to  his  note 
of  28lh  December,  proposing  to  instruct  the  com- 
missioners to  search  for  highlands,  upon  the  charac- 
ter of  which  no  doubt  could  exi.st  on  either  side,  and 
thinks  that  the  Secretary  of  State  has  not  given  this 
modification  on  the  part  of  his  Britannic  Majesty's 
Government  of  the  President's  proposition  the  full 
weight  to  which  it  was  entitled;  and  again  submits 
it,  bearing  in  mind  that  the  commissioners  who 
may  be  appointed  are  not  to  decide  upon  points  of 
diflTerence,  but  are  merely  to  present  to  the  respec- 
tive Governments  the  result  of  their  labors,  which  it 
is  hoped  may  pave  the  way  for  an  ultimate  settle- 
ment of  the  qiiesMDn  ;  and  he  notifies  Mr.  Forsyth 
that  the  proposition  otfered  in  Mr.  Forsyth's  note, 
to  make  the  river  St.  Johns',  from  its  source  to  its 
mouth,  the  boundary  between  the  United  States 
and  his  Majesty's  Province  of  New  Brunswick,  is 
one  to  which  th'.  British  Government,  he  is  con- 
vinced, will  never  agree. 

March  5,  1836,  Mr.  For.syth  hopes  that  the 
President's  proposition  for  making  the  St.  John's 
tlie  boundary,  may,  when  brought  before  his  Ma- 
jesty's Cabinet,  be  received  in  a  more  favorable 
light  than  that  in  which  it  appears  to  have  pre- 
sented itself  to  Mr.  Bankhead. 

If,  howevrr,  the  river  boundary  be  rejected  be- 
fore the  President  con:<enis  to  the  modificalion  of 
his  previous  proposition  for  the  appointment  of  a 
commission  of  exploration  and  survey,  it  will  be 
necessary  to  be  informed  moie  fully  of  the  views 


nf  the  Brit 
(ion,  lie. 

August 
(0  Lord  Pa 
sire  which 
should  be 
presses  the 
the  United 
of  his  Ma, 
submitted 
January 
various  at 
the  quest  io 
rence  to  tl 
mission  of 
Majesty's 
such  a  con 
and  on  tha 
the  measu 
unwilling 
seems  to 
advance  ii 
not  withho 
jt    the  princip 
*  manner  in 
'  .settled;  ai 
i  have  state( 
fruitless  di 
lands,  the 
look  for  hi 
ledge  OS /ill 
the  two  G( 
ment  of  si 
that  their  i 
I  eonVCTUion; 
I  that  the  S 

1  party  to  th 
i  Februar 
!  Fox  that  tl 

2  in  the  poss 
f  of  her  Ma, 
I  Fox's  noil 
'  State  authi 

those  view 

it  to  Govei 

that  the  A 

agreed  to, 

^.question  c 

of  the  htgl 

•purvey,  ar 

Briti»h   m 

merely  co 

analogous 

treaty  uf 

prove  equ 

From  tl 

Governmt 

tiation,  it 

there  is  nc 

treaty  by  i 

Biitaln  hs 

the  advicf 

;  the  baiis  ri 

4  vernment 

#  would  pre 

I  and  althc 

'  fessed  to  1 

one  that  : 


reiaJion  of  the 
re  have  bern, 
lo  his  Driian- 
leii  a  proposi- 

a<I,  under  in- 
nmcnl,  nrpues 
res  pec  I  to  the 
m  of  explora- 
rrnmenc  could 
1»oviJtd  there 
n  the  two  Oi>- 
ilii  be  required 
he  river  ques- 
f  would  be  iii- 
>n,  and  with  a 
oil  on  conlro- 
ihould  be  in< 
n  the  tkaracltr 
rH(U;  repeals 
ready  lo  ireal 
s  to  divide  the 
it  Britain  and 

replies,  that 
men  IS  is  im- 
lent  continues 
'  Mr.  Bank- 
of  his  Mnjes- 
uied  territory 
nts,  and  s>ays 
*ly's  Govern- 
ate  of  Maine 
>An»,  from  ila 
ween  Maine 
part  of  North 

rs  to  his  note 
ruct  the  com- 
nn  the  eharae- 
ilhtr  aide,  and 
not  given  thii 
nic  Majesty's 
sition  the  full 
igaiu  submits 
ssioners  who 
pnn  points  of 
10  the  respec- 
hors,  which  it 
limate  settle- 

Mr.  Forsyth 
irsyih's  note, 

source  to  its 
United  States 
Brunswick,  is 
nt,  he  is  con- 

pes  that  the 
he  St.  John's 
fore  his  Ma- 
)re  favorable 
9  have  pre- 

!  rejected  bt- 
odijicaiion  of 
iiiinient  uf  a 
y,  it  will  be 
n  the  views 


of  the  British  QoTernment  io  (^ering  the  modifitiy' 
tvm,  tie. 

August  10, 1837,  Mr.  Stevenson  makes  known 
to  Lord  Palmerston  Ihe  earnest  and  unabated  de- 
sire which  the  President  feels  that  the  controversy 
should  be  speedily  and  amicably  settled,  and  ex- 
presses the  anxiety  with  which  the  Government  of 
the  United  States  is  wailin)^  the  promised  deciition 
of  his  Majesty  Government  upon  the  proposiiiun 
submitted  to  it  as  far  back  as  July,  1S3G. 

January  10,  1838,  Mr.  Fox  recapitulates  the 
various  attempts  which  have  been  made  to  settle 
the  question  of  boundary  and  failed;  and  in  refe- 
rence lo  the  only  remaining  proposition  of  a  com- 
mission of  exploration  and  survey  says,  that  her 
Majesty's  Government  have  little  expectation  that 
such  a  commission  could  lead  to  any  useful  result, 
and  on  that  account  would  be  disposed  to  object  to 
the  measure.  But  at  the  same  time  they  are  so 
unwilling  to  reject  the  only  plan  now  left  which 
seems  to  afford  a  chance  of  making  any  further 
advance  in  this  long  pending  matter,  that  they  will 
not  withhold  Iheir  consent  to  such  a  commission,  if 
the  principle  upon  which  it  is  to  be  formed,  and  the 
manner  in  which  it  is  to  oroeetd,  can  be  satisfactorily 
.settled;  and  says  that  her  Majesty's  Government 
have  stated  their  opinion  that,  in  order  to  avoid  all 
fruitless  disputes  as  to  the  character  of  such  high- 
lands, the  commissioners  should  be  instructed  tn 
look  for  highlands  which  both  partita  might  acknow- 
ledge as  fulfilling  the  conditions  of  the  treaty.  But  if 
the  two  Governments  should  agree  to  the  appoint- 
ment of  such  a  c(<mmission,  it  would  be  necessary 
that  their  agreement  should  be  first  recorded  in  a 
convention;  and  it  would  obviously  be  indispensable 
that  Ihe  State  of  Maine  should  be  an  assenting 
party  to  the  arrangement. 

February  6,  1838,  Mr.  Forsyth  replies  to  Mr. 
Fox  that  the  President,  for  the  purpose  of  placing 
in  the  possession  of  the  State  of  Maine  the  views 
of  her  Majesty's  Government,  as  exhibited  in  Mr. 
Fox's  note,  and  of  ascertaininp;  the  sense  of  the 
State  authorities  upon  the  expediency  of  meeting 
those  views,  has  directed  him  to  transmit  a  copy  of 
it  to  Governor  Kent  for  their  consideration;  repeats 
that  the  American  proposition  is  intended,  and,  if 
agreed  to,  will  doubtless  he  succes.sful,  to  decide,  the 
.question  of  boundary  definitively,  by  the  adoption 
of  the  highlands  reported  by  the  commissioners  of 
purvey,  and  would  ihus  secure  the  treaty  line.  The 
British  modificatidn  looks  to  no  such  object.  It 
merely  c(>ntemplate.s  a  commission  of  boundary 
an,jlogous  to  that  under  the  fifth  article  of  the 
treaty  of  Ghent,  and  would,  in  all  probability, 
prove  equally  unsatiifactory  in  practice. 

From  this  history  of  the  efforts  on  the  part  of  our 
Government  lo  settle  the  line  of  boundary  by  nego- 
tiation, it  mast  bf  apparent  t.)  every  Senator  that 
there  is  no  hope  of  esiablishinscthe  boundary  of  the 
treaty  by  negotiation.  The  Government  of  Great 
Britain  has  not,  at  any  lime  since  the  rejection  of 
the  advice  of  the  arbiter,  consented  to  treat  upon 
the  bans  <f  the  treaty  line,  unless  the  American  Go- 
vernment woulil,  in  advance,  yield  some  point  that 
would  prove  fatal  to  its  jnst  rights  under  Ihe  treaty; 
and  although  the  British  Government  have  pro- 
fessed to  be  eager  to  substitute  a  conventional  lint — 
one  that  shall  be  more  convenient  to  both  parties 


than  the  trratf  line — thry  have  n^ver  been  williaf 
lo  intimate  what  that  line  should  be,  or  what  rqai- 
valcnts  or.  •ither^ide  should  be  granted,  except 
that,  afterylxin;  their  oun  limilt  to  what  they  deno- 
minate diaputfd  ttrritory,  they  would  consent  to 
divide  that  territor}/  fipially  between  the  two  Go- 
vernments. It  IS  evi<lent  and  clear,  that  while  our 
Government  have  l>cen  pressing  upon  the  Govern- 
ment of  Great  Britain  their  anxious  desire  lo  settle 
the  question  of  boundary  according  to  the  provi- 
sions of  the  treaty,  and  in  some  instances  have  been 
induced  to  go  beyond  what  may  fairly  be  regarded 
the  legitimate  construction  of  the  treaty,  in  order  to 
obtain  an  amicable  adjustment  of  the  controversy, 
it  has  been  Ihe  purpose  and  endearoi  of  the  other 
parly  to  avail  themselves  of  this  disposition  to  oiv 
tain  concessions  and  admissions  on  our  part  which, 
in  their  effect,  would  render  the  description  of  the 
boundary  contained  in  the  treaty  utterly  nugatory. 
After  such  a  lapse  of  time,  and  after  surh  efforts  as 
have  hsen  made  on  the  part  of  our  Government  to 
settle  this  question  of  boundary,  and  with  inch  dis- 
positions on  the  other  part  as  are  manifested  by  the 
attemiits  at  negotiation  which  have  been  detailed, 
it  Is  vain  to  hope  that  Ihe  question  of  boundary  can 
be  settled  without  some  decided  action  on  Ihe  part 
of  Congress.  What  that  action  shall  be  depends 
very  much  upon  the  justice  of  our  claim,  and  upon 
the  pretences  of  the  Government  of  Great  Britain 
to  resist  it;  and  that  Senators  may  be  possessed  of 
the  means  of  coming  to  right  conclusions,  and  of 
forming  a  correct  judgment  upon  these  points,  it  ia 
proposed  to  state,  in  a  brief  manner,  some  of  the 
grounds  and  evidence  upon  which  it  is  believed 
that  the  right  is  clearly  with  us,  and  that  the  pre- 
tences of  the  British  Government  are  of  recent  ori- 
gin, and  without  any  valid  foundation. 

By  Ihe  first  article  of  the  treaty  of  peace  of  1783, 
his  Britannic  Majesty  acknowledges  the  said  United 
States — viz:  New  Hampshire,  Massachusetts  Bay, 
etc. — to  be  free,  sovereign,  and  independent  States; 
that  he  treats  with  them  as  such,  and  for  himself, 
his  heirs,  anil  successors,  relinqnishts  all  claims  to 
Ihe  Government  propriety  am/  territorial  rights  <\f 
the  same,  and  every  part  thereof.  It  is  admitted,  as 
well  on  the  part  of  the  British  Government  as  of 
the  United  States,  that  the  map  which  was  used  by 
the  commissioners  who  negotiated  the  treaty  of 
peace,  and  lo  which  they  had  reference  in  forming 
the  terms  of  the  treaty,  was  Mitchell's  map,  of 
which  copier.,  upon  a  reduced  scale,  are  now  exhi- 
bited t' :  i.ii:  Senate.  Upon  this  map  are  represented 
New  England,  Province  of  Maine,  Province  (  f  .Saga- 
dahock,  on  the  ipesf  side  of  the  river  St.  Croix,  and 
Nova  Scotia  or  Acadia  on  the  east  side  of  that  river, 
with  a  line  drawn  from  the  source  of  the  St.  Croix, 
directly  north  to  the  river  St.  Lawrence,  crossing  the 
St.  Johns.  It  is  to  b  ■  remembered  that  Mitchel's 
map  was  published  in  1755,  when  the  province  of 
Massachusetts  Bay,  as  well  as  the  province  of 
Nova  Scotia  extended  to,  and  were  bounded  by  the 
river  St.  Lawrence,  and  so  continued  to  be  hound- 
ed, until  the  formation  of  the  province  of  Q.uebec 
in  17C3.  By  the  gram  of  King  James  the  first  to 
Sir  William  Alexander,  afterwards  Lord  Sterling, 
m  IGll,  the  boundaries  of  the  Territory  of  Nova 
Scotia  are,  so  far  as  relates  to  this  question,  thus 
described:  "  to  the  river  commonly  called  by  the 


name  of  floljr  Crmw,  or  lh«  Sc.  Croii,  and  In  ihp 
furiherMt  lourc-c  or  "prinK  upon  the  weKt«>rri  hranrh 
of  the  faiDf,  which  llr^l  niinxlfti  itM  watem  with 
ihow  of  the  saiil  river;  Iheiice  by  an  imaxinary 
HrHtUnt,  to  liv  drawn  or  run  through  (he  country, 
or  over  ihe  land  to  the  north  to  the  Tintt  hay,  river, 
or  aprinf  eniplyinx  itself  into  the  utem  rivi-r  of 
Canada,  and  rrom  thence  running  tu  the  enxi  along 
Ihe  thoren  of  the  snul  river  of  Canada  to  the  river, 
bay,  or  harbor,  coinmonly  known,  or  called  by  the 
name  of  Qarhepe  or  Qanpee,  etc." 

By  the  charier  of  3d  William  and  Mary,  IGtH, 
it  is  declared  "  that  Ihe  territurieM  and  dlnnies, 
called  and  known  by  the  namex  of  the  colony  of 
MaMachu8elt<«  bny  and  colony  of  New  Plymouth, 
the  Province  of  Maine  und  the  territory  called 
Acadic  or  Nova  Scotin,  and  all  the  tract  of  land 
lying  between  the  Maid  territories  of  Nova  Scotia, 
and  the  said  province  of  Maine,  be  erected,  united, 
and  incorporated  into  ont  province,  by  the  name  of 
nar  province  of  the  Massachiisetta  bay  in  New 
England. 

Upon  referring  to  MitchelPs  map,  it  will  be  seen 
that  Ihe  line  drawn  upon  it,  from  the  source  of  the 
St.  Croix  to  the  river  of  Canada  or  St.  Lawrence, 
» the  westerly  line  described  in  the  grant  to  Sir 
William  Alexander,  and  Nova  Scotia,  as  then 
known  and  understood;  and  Ihe  easterly  line  of  the 
province  of  Massachusetts  Bay:  each  of  those 
provinces,  when  that  map  was  made,  extending 
northwardly  to  the  rivtr  St.  Lawrence.  After  the 
publication  of  Mitchell's  map,  viz:  in  I7G3,  by  an 
order  in  council,  the  province  of  Quebec  was 
formed,  and  the  .southwardly  line  of  it  ihus  de- 
scribed: "  the  said  line  crossing  the  St.  Lawrence 
nnd  Lake  Champlain  in  forty-five  desrees  of  north 
latitude,  passts  atong  tin  highlands  which  diuiJe  the 
rivers  which  empty  themselves  into  the  .'<aid  St. 
Lawrence,  from  those  which  fall  into  the  ira,  and 
also  along  the  con^t  of  the  Bay  des  Chaleurs  and 
the  coast  of  the  Qulf  of  St.  Lawrence  to  Cape 
Rosiers,"  etc.  and  the  like  description  of  boundary 
is  contained  in  the  commis.sions  to  Qoveinor  Mur- 
ray, November  21,  17G3,  and  to  Goveror  Carlton, 
April  ai,  1767.  By  Ihe  act  of  Parliament,  14, 
George  III,  1774,  making  more  effectual  provision 
for  the  government  of  the  f>rovince  of  Quebec, 
it  is  enacted  that  all  Ihe  terrilorieji,  islands,  and 
counties  in  North  America,  belonging  to  the  Crown 
of  Great  Britain,  bounded  on  the  south,  by  a  line 
from  the  Bay  qf  Chaleurs,  along  the  highlanils  which 
dimde  the  toaters  that  empty  tketnseltes  into  the  river 
St.  Lau>rence,from  thoM  fall  into  the  tea  to  a  point  in 
forty-five  degrees  of  north  latitude,  on  the  eastern 
bank  of  the  river  Connecticut,  etc.  be,  and  they 
are  hereby,  annexed  to,  apd  made  part  and  parcel 
of,  the  province  of  Quebec,  as  created  and  esta- 
blished by  royal  proclamation  of  the  7th  October, 
1763.  In  the  commission  to  Guy  Carlton,  Go- 
vernor of  Quebec,  dated  Decembfr  27,  1774,  the 
southern  boundary  of  the  i  rovince  of  Quebec  is 
thus  described:"  bounded  on  the  south  by  a  line 
from  the  Bay  of  Chaleurs,  along  the  highlands 
which  divide  the  rivers  that  empty  themselves  into 
the  river  Si.  Lawrence  from  those  which  fall  into 
the  sea,  to  a  point  in  forty-five  degrees  north  lati- 
tude, etc.  After  the  proclamation  of  October  7, 
1763,  the  commissions  to  the  several  Governors  of 


Nova  Rcotia,  vie  tn  Montaf^ne  Wilmnt  in  I7(i3, 
to  Lord  William  Campbell  in  1765,  to  Frnnein 
Legge,  e-^q.  in  1773,  and  to  John  Parr,r!<q.  in  17^9, 
dfscrilied  that  province  of  Nova  Scotia  ihun:  "  to 
the  northward  by  Ihe  southern  boundary  of  onr 
province  of  Quebec,  a.i  far  as  the  western  extremi- 
ly  of  the  Bhv  df  s  Cbalfurs;  to  the  ensiwnrd  liv  Ihe 
said  bay  and  Ihe  Gulf  of  St.  Lawrence  to  the  Cape 
or  Promontory,  called  Cape  Breton,  in  the  inland  of 
tlint  name, including  said  island, etc.;  to  the  westward, 
(Hithouiih  our  s  lid  province  hath  anciently  extended, 
and  doth  of  right  extend,  as  far  as  the  river  Panta- 
gonet  or  Penobscot,)  <(  shall  bt  bounJ'd  hyaline 
drawn  from  Cape  Sable,  acrosa  Ihe  entrance  of  the 
bay  of  Fundy  to  the  mouth  of  the  river  St.  Croix, 
by  the  said  river  to  its  source,  and  by  a  line  Jroun  due 
north,  thence  to  the  stuthtrn  boundary  of  our  province 
<f  Quebec." 

The  province  of  New  Brunswick  was  e.Mnblish- 
ed  in  1784,  and  embraces  what  was,  before  that 
time,  Ihe  northerly  part  of  Nova  Scotia.  It  is  Ihus 
described  in  the  ."leveral  commissions  to  Governors 
of  the  province  of  New  Brunswick,  from  the  first 
one  to  Thomas  Carlton,  in  1784,  down  to  that  of 
the  Earl  of  Dalhousie,  in  1819,  viz:  "bounded  on 
the  westward  by  the  mouth  of  the  river  St.  Croix, 
by  the  said  river  to  its  source,  and  by  a  line  drawn 
due  north  from  thence  to  ihe  southern  boundary 
of  our  province  of  Quebec,  to  the  northward  by  the 
.said  boundary  as  far  as  Ihe  western  extremity  of 
bay  of  Chaleurs,  to  the  ea.slward  by  the  said  bay, 
and  the  gulf  of  St.  Lawrence;  to  the  bay  called 
Bay  Vcrle,  to  the  south,"  &c.  From  all  these 
documents,  it  i.s  clear  and  undeniable  that  Ihe 
western  line  of  what  was  formerly  Nova  Scotin, 
now  New  Brunswick,  is,  and  alwayn  has  bein,  the 
river  St.  Cnix,  and  a  line  from  the  source  of  that 
river  due  north,  extending  formerly  to  the  river 
St.  Lawrence,  and  since  17C3  to  the  south  line  of 
Quebec;  or,  to  what  is  Ihe  same  thing,  a  line  from 
the  bay  of  Chaleurs,  along  the  highlands,  which 
divide  the  rivers  that  empty  themselves  into  the 
river  St.  Lawrence  from  those  which  fall  into  the 
sea  toward  a  point  in  45  degrees  of  northern  lati- 
tude, &c.  That  Ihe  north  line  of  that  province  is 
as  far  north  as  we  claim  the  norih  line  of  Maine  to 
be,  is  proved,  ilrst,  by  Ihe  fact  that  the  Bay  Cha- 
leurs is  a  pan  of  that  north  line;  secondly,  by  acts 
of  ihe  provincial  Government,  incorporating  coun- 
ties, and  parishes,  upon  the  Bay  Chaleurs,  and 
upon  Ihe  river  Itesligouche,  and  regulating  the  Jlshf 
ries  in  that  river,  granting  land,  and  establishing 
roads,  t&c.;  thirdly,  from  the  acts,  and  declaiation, 
of  the  Surveyors  General  of  the  provinces  of  Que- 
bec and  of  New  Brunswick,  in  1787,  when  it  was 
proposed  by  the  authorities  of  Ihe  province  of 
Quebec  to  run  and  mark  the  line  between  these 
provinces,  as  disclosed  in  the  extracts  hereafter  to 
be  mentioned. 

Inasmuch  as  the  province  of  Maine  or  Massa- 
churelt'sbay  formerly  extended  toand  wasboundod 
north  by  the  river  St.  Lawrence,  and  as  no  change 
of  its  boundary  had  been  made  prior  to  Ihe  treaty 
of  1783,  (except  so  far  as  the  province  of  Quebec 
had  been  extended  South  of  the  St.  Lawrence,)  it 
is  only  necessary  to  see  how  far  the  south  line  oj 
Quebec  extends  to  the  southward  of  the  St.  Law- 
rence, to  ascertain  the  north  lint  of  the  province  of 


Ma(ts«rhn»el 
when  hM  Hri 
the  goTftnim 
i4it*  an^  (Of 

beil,  in  the  p 

He.  Lawienc 

noiili   hititui 

tiivi'le  the  n 

Raid  river  St 

Ihe  sea,  and 

Chaleurs,"  j 

from  the  bay 

divide  ihM  * 

river  St.  La 

^ea  to  a  poi: 

the  eastern 

there  was  an 

temled  by  111 

locality,  in  t 

dence,  it  mt( 

of  the  cii'iiiii 

highlantN,   i 

exiierniiy  of 

river,  in  45 

the  streams 

tinctly  repre 

range  of  hi 

Ivveen  the  hi 

that  this  ran 

the  streams 

rence  from 

the  sea.     B 

satisfy  the  i 

lioned  in  ihi 

must,  in  the 

great   rivi-r 

Ihe  Allantii 

highlands  n 

streams  rep 

frrent  and  r 

penuity  of  1 

be  difticult  I 

*"  made  upon 

Thus  far 

pently  of  th 

which  was 

arise  in  full 

the  said  Un 

by  agreed  a 

Ihall  be  the 

ingle  of  Nc 
d  by  a  line 
river  to  the 
which  divi 
into  the  riv 
Into  the  A 
head  of  Co 
Southern  I 
along  the  n 
mouth,  in  t 
its  source 
which  divi 
;*:  ocean   fror 
t\  Lawrence. 
^     The  poir 
« lioned  in  i 
*  United  Sla 
'not  being 


Mmnt  in  I7<3, 
IM,  Id  Frnncin 
r,  rj<q.  in  I7fl9, 
(Ilia  iIiua:  "  in 
Mirutary  of  onr 
rsitm  fiirfmi- 
'niiwnnl  dy  the 
ire  t<iihe  Cnpe 
in  ihe  i.OnnJ  of 
o  the  westward, 
eiiily  fxifn(1«*<l, 
lip  river  J'nnJn- 
tnil'd  by  a  line 
fnirance  of  the 
river  Si.  Croix, 
line  drawn  dui 
of  our  yrovinet 

:  was  estnbliffh- 
as,  before  that 
Ilia.  It  if)  thaa 
»  to  Qovernors 
',  from  the  first 
lown  tn  ihal  of 
;;  "bounded  on 
iver  St.  Croix, 
>y  a  line  drawn 
hern  boundiiry 
nhward  by  the 
n  extremity  of 
y  ihe  said  bay, 
the  bay  called 
'mm  all  these 
liable  that  the 
y  Nova  Scotia, 
/.I  has  betn,  the 
source  of  that 
ly  to  the  river 
le  south  line  o( 
iR,  a  line  from 
ghlands,  which 
iselves  inio  the 
h  fall  into  the 
if  northern  lati  • 
lat  province  is 
ne  of  Maine  to 
t  the  Bay  Cha- 
;ondly,  by  acts 
•poraiing  coun- 
Chaleurs,  and 
ating  the  Jlsht' 
id  establishing 
nd  deciaiation, 
vinces  of  Que- 
17,  when  it  was 
e  province  of 
between  these 
cts  hercaftsr  to 

inc  or  Massa- 
id  was  boundad 
d  as  no  change 
)r  to  the  treaty 
nee  of  Quebec 

Lawrence,)  it 
3  south  fine  of 

the  St.  Law- 
be  province  of 


Ma)iMirhn«etl>  Hfty,  aiUmmtHKt  Hmi  ^ik»  frteff , 
when  hM  Oritanic  Majesty  refiMfHM*^  all  claim  in 
the  i[veft%mtn^,  ffri^friiltf  at\4  tmiloriiU  tighUoftht 
tsitt  and  tvtrjf  pari  thtrtof.  Thai  line  win  dirMiri- 
bed,  in  ihe  proclamation,  tu  be  a  line  "croMing  the 
Hi.  Lnwienee  and  Lake  Chainplam  in  15  det^ree ^ 
noiili  luiiiuite,  pa«*iinK  aloni;  the  highUndN  whu'li 
(iivi'le  Ihe  river*  which  emp'v  ihein»e|v«<  into  Ihi- 
Mid  river  St.  Lawrence  from  ilm^e  which  fall  into 
the  sea,  and  also  aloni  Ihe  coatit  of  the  n.iy  dei 
ChiAleurs,"  and  in  the  act  of  Parliament  "by  a  line 
from  the  bay  of  Chalenrs  along  the  highlands  whii.h 
divide  lh«  water-*  that  empty  ihem'<elvts  into  the 
river  St.  Lawrence  from  those  which  fall  into  the 
hrtk  to  a  point  in  45  degrecH  of  north  latitude,  on 
the  eastern  b,ink  of  the  river  Connerticui."  If 
there  was  any  doubt  as  to  what  hiKhlands  were  in- 
tended by  these  several  descriptions,  or  as  to  their 
locality,  in  the  ab!tenee  of  other  satisfactory  evi- 
dence. It  might  be  suflicient  to  look  upon  the  map 
of  the  coiinify,  then  exiani,  and  see  that  a  ranite  of 
hiKbland'<,  extending  all  alon;;  from  the  western 
exfiemity  of  the  bay  of  Chalears  to  Connecticut 
river,  m  45  dej^rees  north  latit'ide,  and  north  of  all 
the  streams  flowintt  in'"  'be  St.  Johns  river,  is  dis- 
tinctly represenied  npnn  thj  map,  and  that  mo  other 
range  of  highlands  is  indicated  upon  the  map,  be- 
tween the  bay  Chaleurs  and  Connecticut  river;  and 
that  this  ranse,  as  indicated  by  Ihe  map,  does  divide 
the  streams  running  northwardly  into  the  St,  Law- 
rence fr»)m  the  streams  running  southwardly  into 
the  sea.  Bat  a  glance  at  this  map  must  at  once 
satisfy  the  mind  that  such  highlands  ns  are  men- 
tioned in  the  proclamation  and  act  of  Parliament 
must,  in  the  nature  of  things,  exist  between  the 
great  rivi-r  St.  Lawrence  on  the  northwes',  and 
Ihe  Atlantic  ocean  on  the  southeast,  and  that  such 
highlands  must,  of  necessity,  divide  the  rivers  and 
streams  represented  on  that  map  as  running  in  dif- 
ferent and  opposite  directions;  an.1,  but  for  the  in- 
genuity of  British  agents  and  diplomatists,  it  would 
be  ditticult  to  imagine  how  any  question  could  be 
made  upon  such  a  stale  of  facts. 

Thus  far  the  question  has  been  considered  inde- 
pentlyofthe  further  article  of  the  treaty  of  1783, 
which  was  added  "that  all  disputes  which  might 
arise  in  fntuie  on  the  subject  of  the  boundaries  of 
the  said  United  Stales  may  be  prevented,  it  is  here- 
by agreed  and  declared  that  the  following  are  and 
fhall  be  their  boundaries,  viz:  From  the  northwest 
^ngle  of  Nova  Sc<itia,  viz:  that  angle  which  is  fonn- 
*d  by  a  line  due  north  from  the  .source  of  St.  Croix 
river  to  the  highlands,  along  the  said  highlands 
which  divide  those  rivers  that  empty  themselves 
into  the  river  St.  Lawrence  from  those  which  fall 
Jnto  the  Atlantic  ocean,  to  the  northwesterninost 
head  of  Connecticut  river,  (and  thence  round  to  the 
Bouthern  boundary,)  east  by  a  line  to  be  drawn 
along  the  middle  of  the  river  St.  Croix  from  its 
mouth,  in  the  bay  of  Fundy,  to  its  soiiice;  and  from 
its  source  directly  north  to  the  aforesaid  highlands 
which  dividt^  the  rivers  that  fall   into  the  Atlantic 

if  ocean  from  those  which  fall  into  Ihe  river   St. 

«  Lawrence." 

The  point  of  beginning,  the  terminus  a  quo,  men- 
itioned  in  this  description  of  the  boundary  of  the 
[United  States,  viz:  the  northwest  ang/e  ofKova  Scotia, 
'not  being  fixed  or  marked  by  any  actual  monu- 


ment existing  al  the  lime  Ihe  irmty  wan  f<irm*<t, 
it  was  necrwary  "^i  to  dewnb*  ii  thai  its  po«iiion 
and  location  niistht  be  asrertained  and  fiied  l>y 
reterence  to  nilicr  known  inonuBient<,  and  direct- 
itiK  Ihe  miinner  in  whicli  a  line  titoiild  l>e  extended 
from  one  to  die  other,  and  hence  the  turiherde- 
^tcriniion  of  that  angle,  the  point  of  departure,  via: 
"  Thai  anisN"  wh.eh  is  formed  by  a  line  dia'tn  due 
north  irom  the  source  of  8i.  Croix  river  to  the 
highlands."  To  determine,  iheiefore,  the  pariicii- 
Ur  place  and  location  of  the  an»le  thus  de^ciibcd, 
it  could  only  Iw  necessary  to  commence  at  Ihe 
source  of  St.  Croix  river,  and  run  a  line  therefrom 
due  Aorth,  until  it  should  reach  the  highliinds,  and 
at  whatever  point  of  the  highlands  that  line  thnuld 
meet  them,  would  be  the  an«le  called  for  by  the 
treaty.  To  effect  this,  the  leurc*  of  St.  Croix  rirtr 
and  lAe  highlands  must  be  ascertained,  and  it  i.i 
matter  of  history  that  the  t«'o  Governments  were 
not,  for  years  after  the  formation  of  the  treaty, 
agreed  as  to  what  river  was  the  St.  Cmix  river, 
mentioned  in,  and  intended  by,  the  treaty  ;  the 
American  Government  claiming  that  a  river  fur- 
ther east  than  Ihe  Scouiliac  was  the  St  Croix  of 
Ihe  treaty;  and  the  British  Government  contending 
that  Ihe  Penobscot  was  Ihe  St.  Croix  of  the  treaty. 
This  point  of  disaurcement  was  settled  and  finally 
determined  in  1797  by  commissioners  of  both  Qo- 
vernmenli  under  the  provisions  of  -the  treaty  of 
171)4,  and  a  monument  was  accordingly  erected  at 
the  s  lurcu  of  the  western  branch  of  the  river  Scon- 
diac,  or  St.  Croix  river,  as  the  source  of  St.  Croix 
river  mentioned  in  the  treatti  tf  nS3,  and  that  monu- 
ment has  ever  since  been,  and  now  is,  recognised 
by  both  Governments  as  the  poiai  from  which  the 
line  is  to  be  drawn  due  north  lo  the  highlands. 
This  point  being  fixed,  and  not  now  disputed,  it 
remains  to  ascertain  what  highlands  are  to  be 
reached  by  the  line  running  due  north  from  this 
monument,  at  which  the  northwest  angle  of  Nova 
Scotia  is  to  be  located  and  fixed,  and  this  is  the 
point  of  difference  between  this  Government  and 
the  Government  of  Great  Britain,  and  of  course 
requires  a  careful  and  close  examination.  In  the 
former  p.irl  of  the  descripiiuft  (in  tha  treaty  of 
1783)  of  the  highlands,  at  which  the  angle  is  lo  be 
f'rmed,  there  is  not  any  further  designation  of  them, 
than  that  the  line  drawn  due  north  from  the  source 
of  St.  Croix  river  to  the  highlands  is  the  point  from 
which  the  line  of  boundary  is  to  start,  and  that  line 
of  boundary  is  "  along  the  »aul  highlands,  which 
divide  those  rivers  that  empty  themselves  into  the 
St.  Lawrence  from  those  which  fall  into  the  Allan- 
tic  ocean,  to  the  northwesternmost  head  of  Con- 
necticut river" — the  highlands  called  for,  as  con- 
siiluting  the  point  of  departure  of  the  line  of  boun- 
dary, mast  be  the  same  as  those  upon  which  that  line 
of  boundary  is  to  run  along ;  and  ihe  highlands  upon 
which  that  boundary  is  to  run  along,  are  highlands 
which  divide  the  waters,  etc.  Further,  in  the  latter 
part  of  the  description  of  boundaries,  in  the  treaty 
of  1783,  Ike  highlands  intended  Are  more  certainly 
fixed,  in  the  following  words :  "  East  by  a  line  to 
be  drawn  along  the  middle  of  the  river  St.  Croix 
from  its  mouih,  in  the  bay  of  Fundy,  to  its  source, 
and  from  its  source  directly  north  to  Ihe  aforesaid 
highlands,  which  divide  the  rivers  that  fall  into  the 
JltlanUe  ocean  from  those  which  fall  into  the  titer 


10 


.k 
St.  Lawrtrut.^*    The  highlands  mentioned  in  both 

iarts  of  llie  Jescription  of  boandaries  are  therefore 
\e  tame  and  Kut  different,  and,  to  satisfy  thed' 
scripiioti  of  ihein,  must  be  such  highlands  as  divide 
Ihe  riven  in  the  manner  mentioned  in  the  treaty. 

That  such  highlands  were  known  to  be  near  to 
Ihe  rirer  St.  Lawrence,  and  between  the  source  of 
St.  Croix  and  the  river  St.  Lawrence,  is  not  only 
apparent  upon  inspection  of  Mitchell's  map,  used 
by  the  commissioners  in  forming  the  treaty  of 
peace,  and  in  preparing  the  description  of  boun- 
daries, but  was  then  matter  of  history  and  record 
in  England,  as  well  as  in  the  British  provinces  in 
North  America. 

In  Pownal's  topographical  description  of  part 
of  the  British  colonies  in  America,  in  describing 
mountains,  highlands,  etc.  he  says:  "And  in  the 
latitude  of  45  or  thereabouts,  turning  eastward, 
runaway  to  the  Gulf  of  St.  Lawrence."  Again: 
"Going  from  the  same  line  in  latitude  45  of  the 
greatest  height  of  tAis  range  of  mounlaitu,  and  fol- 
lowing them  lo  the  east  northerly,  they  all  seem  to 
range  as  united  until  again  divided  by  the  Bay  of 
Chaleurs."  Again:  "All  the  rivers  which  have 
their  sources  amidst  the  northern  ridges  of  this  great 
range,  fall  into  Canada  or  St.  Lawrence  river,  as  the 
St.  Francis,  Chaudier,  and  many  others.  All  which 
have  their  sources  in  the  southern  ridges,  fall  into 
the  Bay  of  Fundy  or  into  the  main  oceon,"  etc. 

The  range  of  highlands  thus  described  is  near  to 
the  St.  Lawrence  and  north  of  the  St.  John.-;,  and 
has  always  been  claimed  by  the  American  Govern- 
ment as  the  highlands  intended  and  described  in  the 
treaty;  and  although  formerly  admitted  to  be  such 
by  agents  of  the  British  Government,  it  is  not  so 
now;  but  the  latter  Government  contend  that  the 
dne  north  line  from  the  source  of  the  St.  Croix 
shall  stop  at  Marr's  Hill,  which  is  situated  some 
thirty  miles  south  of  the  Great  Falls  in  St.  Johns 
river,  and  not  more  than  forty-tive  miles  from  the 
monument  at  the  source  of  St.  Croix. 

To  show  that  the  highlands  of  the  treaty  were 
formerly  understood  and  admitted  by  the  agents  of 
the  Government  of  Great  Britain  to  be  situated 
north  of  the  St.  Johns  river,  and  where  the  Ameri- 
can Government  now  claim  that  they  are  to  be 
found,  the  following  extracts  are  submitted: 
Extract  from  minutes  of  Executive  Council  o/ Quebec. 

Monday,  9th  July,  1787 — Present  his  Excellen- 
cy ths  Governor,  &c. 


closed  deseripHons  of  the  boundaries  of  the  provinces 
of  Q.uebec,  f^ova  Scolia,  and  New  Brunswick,  ex- 
tracted from  commissions  as  Governor  thereof,  to 
which  is  likewise  added  the  description  of  the  boun- 
dary of  the  United  Slates,  taken  from  the  definitive 
treaty  for  your  information,  &c 

Exlractfrom  Mr,  IloUand^s  report. 

"July  2G,  1787. — Pursuant  to  orders,  proceeded 
to  Great  Falls,  on  the  river  St.  Johns,  and  on  the 
16th  met  Capl.  Sproul,  Surveyor  General  of  New 
Brunswick,  who  said  that,  conceiving  his  waiting 
for  us  at  the  Great  Falls  totally  unnecessary,  he 
was  now  proceeding  on  his  way  to  the  height  of  land 
or  the  carrying  place  between  St.  Lawrence  and  Lake 
Timisconta,  as  there  (according  to  his  idea)  the  boun- 
dary ought  to  be  fixed.  I  observed,  it  was  gene- 
rally understood  in  Canada,  that  the  line  between 
the  provinces  of  CXuebec  and  New  Brunswick 
should  run/rotn<Ae  head  of  CAa/lewr  Jay  along  the 
highlands  in  a  westerly  direction  to  the  Great  Falls 
on  the  St.  Johns  river,  and  from  thence  west  to 
the  westernmost  or  main  branch  of  the  river  St. 
Croix.  He  answered  that,  should  a  boundary  be 
fixed  at  or  tuar  the  Great  Falls,  he  would  protest 
against  such  doings  as  contrary  to  directions  laid 
down  in  his  instructions.  Afterwards,  Capt.  Sproul 
repeated  the  same  to  Mr.  Finlay,  adding  that  he 
would  proceed  immediately  to  the  portage,  to  exa- 
mine which  way  the  waters  incline  on  the  heights  there, 
that,  by  their  course,  he  might  ascertain  the  boundary 
betxoeen  the  provinces  of  Quebec  and  ^ew  Brunswick, 
as  all  the  streams  running  into  the  rivers  which 
erajfiiy  themselves  into  the  river  St.  Johns  are  ia 
the  province  of  New  Brunswick,  and  those  which 
fall  into  the  St.  Lawrence  are  in  the  province  of 
Quebec.  After  many  arguments  to  show  the  tm- 
propriety  and  disadvantage  affixing  aboundary  on  the 
portage,  &c.  but  more  especially  that  the  fixing  that 
limit  would  materially  affect  the  boundary  bettoeen  tu 
and  the  United  States  of  America,  and  that  a  large 
territory  would  thereby  be  saved  or  lost  to  his  Ma- 
jesty's dominions,  &c.  and  requested  Mr.  Sproul  lo 
return  with  us  to  the  Great  Falls.  He  refused, 
saying  that  he  had  formed  his  opinion  of  the  situa- 
tion of  the  bo\mdary  from  geogrii^hif*!!  knowledge 
and  ocular  rfemonstration,  and  it  wasunai/eroft/e,  &c." 

The  written  instractions  from   the  Governor  of 

New  Brunswick  to  Spioul,  dated   7th  July,  1787, 

were  to  run  the  fioujit/aiyline  between  the  provinces 

of  Quebec  and  New  Brunswick  agreeably  to  the  act 

w.t.  i«>,i,u-      •  .•      .  J    •  /.  \of  Parliament  for  establishing  the  province  of  Quebec. 

Hislordship  inumat^ed  the  propnety  of  asc^^^^^  Extract  from    the  report  of  the   Commlslioner  of 


taining  the  limits  between  this  and  the  province  of 
New  Brunswick,  and  that  the  Surveyor  General 
of  that  province  would  soon  meet  Mr.  Holland  for 
that  purpose,  &,c. 

Extract  from  Lord  Dorchester's  instructions  to  Mr. 
John  Holland. 
auEBEc,  July  9,  1787 — You  will  be  pleased  to 
accompany  Mr.  Fin  ley  to  the  Great  Falls  on  the 
river  St.  Johns,  in  order  to  assist  in  marking  out 
the  boundary  between  the  provinces  of  Q,uebec  and 
New  Brunswick,  &c.  You  will  there  meet  the 
Surveyor  General  of  the  province  of  New  Bruns- 
wick, or  some  other  person  authorized  by  the  Lieu- 
tenant Governor  of  that  proviice,  in  concert  with 
whom  and  Mr.  Finlay,  you  will  proceed  upon  that 
business.     You  will  be  guided  therein  by  the  en- 


Council  of  the  province  of  Quebec,  appointed  to  con- 
sider  tlu  boundary  between  the  provinces  of  Qfiebce 
and  JiJ'ew  Brunswick,  Sfc.  Oct.  18,  1787: 
"The  Commissioner  most  humbly  submits  to  your 
Lordship  whether  it  would  not  be  for  the  advantage 
of  both  Governments  that  the  province  of  Q,uebec 
be  separated  from  that  of  New  Brunswick  by  a 
line  running  along  the  highlands,  which  extend  from 
the  head  of  Chaleurs  bay  to  the  foot  of  the  great  full  of 
St.  Johns  river,  and  from  thence  crossing  the  river 
(so  as  to  include  the  whole  of  ihe  portage  or  car- 
rying place)  and  continuing  in  a  straight  line  toward 
the  sources  of  the  river  Chaudeur,  winch  rise  on  the 
highlnwls  that  commence  al  the  said  head  efthe  Bay 
of  Cha!eurs,  and  extend  all  the  way  to  the  northwest- 
ernmost  head  qf  Connecticut  river." 


tl 


tthii 
"T 


ctraci  from 
1797,  befm 
cleoflhe  trt 
"If  it  can  b 
tiled  by  the 
at  a  line  al 
ither  with  a 
irt  of  the  we 
totia,  and 
mndary  line 

face  was  madi 
ova  Scotia, 
iries,   the  i 
ice  ascertait 
"But  to  ap 
lediately  un 
)rth  from 
•anch  of  ih( 
ave  to  each 
vers  that  en 
Uhin  its  terri 
['he   efle( 
completely 
i;l  thence 
as  intende( 
ist  interpre 
irthfrom  th 
the  ScoudU 
feci  to  the 
so  to  Great 
the  river  St 
reason  ths 
ard,  not  on 
ova  Scotia, 
id  even  of 
ust,  ofneces'. 
o.ss  it  in  a  ] 
nds,  and  wl 
north  lii 
lepumaticc 
)hn   wiihin 
Metropolis  of 
^iirces  of  the 
ttnot  of  man 
mslract  fi  om 
*  Minister  I 
J  Ward  Chtti 
ifient  in  17! 
1*1  have  CO 
th|ldate,  an 
atteptloii  of 
tho)'  boiindar 
dominions  ai 
ference  to  a  I 
of  the  Seodi 
alterable  ad 
titt'itory  to  P 
Mlj^nto/navi, 
it  thus  api 
wire  conteiK 
Cmix,  or  plai 
kt  lun,  It   1 
Hch  due  noi 
Id  that  the 
It  river, 
fitibh  Gove 
which  i 
Hen  then  su 


of  the  provinces 
Brunswick,  ex- 
tmor  thereof,  to 
)tion  of  the  boun- 
om  the  definitive 

'»  report. 

rders,  proceeded 
ohns,  and  on  the 
Grencral  of  New 
ving  his  waiting 

unnecessary,  he 
the  height  of  land 
wrettee  and  Lake 
s  idea)  the  boua- 
ed,  it  was  gene* 
Ihe  line  between 
!Jew  Brunswick 
!ur  bay  along  ths 
to  the  Great  Falls 
1  thence  west  to 

of  the  river  St. 
d  a  boundary  be 
le  would  protest 
to  directions  laid 
Is,  Capt.  Sproul 

adding  that  he 
portage,    to  exa- 

the  heights  there, 
ain  the  boundary 
J^ew  Brunswick, 
le  rivers  which 
3t.  Johns  are  ia 
ind  those  which 

the  province  of 

0  show  the  im- 
%boundary  on  the 

1  Ihe  fixing  that 
ndary  beltoeen  va 
md  that  a  large 

lost  to  his  Ma- 
id Mr.  Sproul  to 
.  He  refused, 
ion  of  the  situa- 
hiral  knowledge 
tmallerahle,  &c." 
he  Governor  of 

7th  July,  1787, 
;n  the  provinces 
yetably  to  the  act 
avince  of  Quebec. 
Commissioner  of 
appointed  to  eon- 
ovinccs  ofOftebce 
1787: 

submits  to  your 
'jr  the  adifatitage 
ince  of  duebec 
Jrunswick  by  a 
hich  extend  from 
the  great  full  of 
jssing  Ihe  river 
portage  or  car- 
ght  line  toward 
hick  rise  on  the 
head  of  the  Bay 
0  the  norlhxctst- 


11 


xtract  from  the  arguments  of  the  Briliih  assent,  in 
1797,  befsre  the  Commissumers  under  the  5lh  arti- 
cle of  the  treaty  of  l'9i. 

"If  it  can  be  shown  that  the  rii;«r  Scoudlac,  no 
lied  by  the  Indians,  u  this  river  St.  Croix,  and 
lat  a  line  along  ihe  middle  of  it  to  its  source,  to- 
ther  with  a  line  due  north  from  its  source,  formed  a 
trt  of  the  western  boutulary  of  the  province  of  Mva 
otia,  and  that  the  highlands  formed  tlic  northern 
undary  line  of  this  province  at  the  time  the  treaty  of 
ace  was  made,  so  as  to  form  the  northwest  angle  of 
ova  Scotia,  by  these  western  and  northern  boun- 
ries,  the  intention  of  the  treaty  of  peace  is  at 
ice  ascertained  in  the  great  point  in  controversy. 
'But  to  apply  these  facts  to  the  point  more  im- 
ediately  under  consideration,  whether  a  line  due 
fih  from  the  source  of  the  Western  or  main 
anch  of  the  river  Scoudiac,  or  St.  Croix,  will 
ave  to  each  of  the  parlies  to  the  treaty  those 
vers  that  empty  themselves,  or  whose  mouths  are, 
Ithin  il5  territories,  upon  Iht  sea  coast  renjteclively. 
"The  effecl,  so  far  as  regards  the  United  States, 
completely  secured  by  the  treaty,  in  all  events; 
id  thence  we  have  further  reason  to  suppose  it 
as  intended  to  be  reciporcal  in  this  respect,  if  a 
St  interpretation  will  warrant  it.  A  line  due 
irth  from  the  source  of  the  western  or  main  branch 
'  the  Scoudiac,  or  St.  Croix,  will  fully  secure  this 
feet  to  the  United  States  in  every  instance;  and 
so  to  Great  Britain  in  all  mslanccs  except  in  that 
the  river  St.  Johns,  wherein  it  becomes  tmpoMibte, 
r  reason  that  Ihe  source  of  this  river  is  lo  the  west- 
rd,  not  only  of  the  western  boundary  line  of 
ova  Scotia,  but  of  the  sources  of  the  Penobscot, 
d  even  of  the  Kennebec,  so  that  this  rortk  line 
uit,  ofnecesnly,  cross  the  riHer  St.  Johns;  hut  it  will 
OSS  it  in  a  part  of  it  almost  at  the  foot  of  the  high- 
nds,  and  where  it  ceases  to  be  navigable.  But,  if 
north  line  is.  traced  from  the  .source  of  the 
heputnaticook,  it  will  not  only  cross  the  river  St. 
hn   within  about  50  miles  of  Fredericktnn,  the 

Ietropolis  of  New  Brunswick,  but  will  cut  off  the 
\irces  of  the  rivers  which  fall  into  the  bay  of  Chaleurs, 
not  of  many  others,"  &c. 

tract  from  a  letter  of  Robert  Liilon,  hif  Majesly^s 
J\Iinisler  Plenipolentiarij  to  the    Unittd  States,  to 
'>f  Ward  Cliapmin,  cq.  agent  of  the   British  Govern- 
nent  in  1798. 

i  have  considered,  with  attention,  your  letter  of 
thm  (lute,  anil  it  appears  to  me  cvidrnt  that  the 
adBptInn  of  the  river  Cheputnaticook,  as  part  o( 
Ihv  boundary  between  his  Majesty's  American 
dominions  and  those  of  the  United  Stales,  in  pre- 
fefence  to  a  line  drawn  from  the  easternmost  point 
of'  the  Scodiac  lakes,  wnuld  be  attended  wiih  con- 

trable  advantage.    It  would  give  an  addition  of 
ilory  to  New  Brunswick,  tugeiher  with  a  greater 
eiiknt  of  navigation  on  St.  Jefins  riuer,"  i(c. 

It  thus  appears  that  when  the  two  Governments 
w^e  contending  with  each  other  ns  to  the  true  St. 
Ootx,  or  place  from  which  the  due  north  line  was  to 
kv  run,  it  was  well  understood  and  admitted  that 
h  due  north  line  would  cross  the  rivtr  St.  Johns, 
I  that  the  highlands  of  the  treaty  ware  north  of 
river.  If  Marr^s  Hill  (now  claimed  by  the 
litish  Government  as  the  highlands  of  the  treaty, 
■  which  is  far  son(/i  of  the  liver  St.  Johns,)  had 
tNJkn  then  supposed  or  claimed  to  be  the  highlands, 


e 


at  which  Ihe  due  north  line  was  to  slop,  vhj  the 
zeal  and  effort  of  the  British  agent  to  fix  the  start- 
ing point  (the  source  of  the  St.  Croix)  so  far  west 
as  that  the  line,  running  due  north  from  it,  should 
not  cross  tht  St.  Johns  near  Frederickton,  but  so  far 
up  that  river  as  to  be  beyond  where  it  was  navigable 
and  near  to  the  highlands?  Or  why  should  Mr.  Lis- 
ton,  the  British  Minister,  write  to  their  agent  for 
managing  the  question  before  the  commissioners, 
that,  by  adopting  the  course  suggested,  it  would 
give  to  New  Brunswick  a  greater  extent  of  naviga- 
tion on  the  St.  Johns? 

Again:  at  the  making  of  the  treaty  of  Ghent  in 
1814,  it  is  manifest  that  the  British  Government 
made  no  pretension  that  the  highlands  were  south 
of  the  St.  Johns,  or  that  any  portion  of  the  territory 
now  denominated  disputed  territory  belonged  to 
that  Government  The  idea  that  the  St.  Johns 
river  was  not  an  Atlantic  river,  that  the  highlands 
of  the  treaty  were  south  of  the  St.  Johns,  or  that 
Ihe  line  of  boundary  was  so  imperfectly  described 
in  the  treaty  tbat  it  was  impossible  to  And  and 
locate  it,  was  not  then  entertained.  Hence  we 
find  that,  on  that  occasion,  the  British  commission- 
ers first  propose  "such  a  variation  of  the  line  of 
frontier  as  may  secure  a  direct  communication  be- 
tween duebec  and  Halifax."  On  being  informed 
that  the  American  commissioners  had  not  autho- 
rity to  cede  any  territory,  the  British  commissioners 
say  that  they  woie  not  prepared  lo  anticipate  the 
objections  statcii  by  the  American  commissioners 
that  they  had  no  authority  to  cede  territory,  how- 
ever injiigni^cant,  although  the  proposal  left  it  open 
to  them  to  demand  an  equivalent  for  such  cession, 
in  frontier  or  otherwise ;  and  further  add,  that 
"they  are  pursuaded  that  an  arrangement  on  this 
point  might  be  easily  made,  if  entered  into  with  a 
spirit  of  conciliation,  without  any  prejudice  to  ihe  in- 
terests of  the  dist  rict  in  question,  [viz:  the  now  State  of 
Maine,]  and  Col.  Bouchette,  Surveyor  General  of 
Lower  Canada,  in  his  Topographical  description 
of  the  province  of  Lower  Canada,  printed  in  Lon- 
don in  1815,  says:  "The  main  ridge,  continuing  its 
northeasterly  direction,  is  intersected  by  an  imagi- 
nary line,  prolonged  in  a  course  astronomically  due 
north  from  the  head  of  the  river  St.  Croix,  and 
which  ridge  is  supposed  to  be  the  boundary  be- 
tween Lower  Canada  and  the  United  Stales;  at 
least  such  appears  to  be  the  way  in  which  the 
treaty  of  1783  is  construed  by  the  American  Go- 
vernment, but  which  ought  more  fairly  to  be  under- 
stood as  follows,  viz:  that  the  astronomical  line  run- 
ning north  from  the  St.  Croix,  should  extend  only 
to  the  first  or  easterly  ridge,  and  thence  run  west- 
erly along  the  west  of  said  ridge  to  the  Connec- 
ticut, thereby  equitably  dividing  the  waters  flowing 
into  the  St.  Lawrence/iom  those  that  empty  into  the 
Jltlatitic  within  the  United  States  and  those  that  have 
their  estuaries  within  the  British  province  of  New 
Brunswick.  It  is  important,  and  must  always  have 
been  had  in  contemplation,  that  an  uninterrupted 
communication  and  connection  should  exist  be- 
tween all  his  Majesty's  North  American  posses- 
sions; but,  by  the  manner  in  which  the  treaty  is  in- 
sisted upon  by  the  opposite  paity,  a  space  of  more 
than  eighty -five  miles  would  be  placed  within  the 
American  limits,  and  by  which  the  British  pro- 
vinces would  be  completely  severed;  it  would  also 


It 


Ir 


produce  the  inconvenifnee  of  hnvin^  Ihc  mail  fVom 
England  lo  Quebrc  carried  over  that  distance  of 
American  territory,  which  may  be  deemed  eiiher 
as  matter  of  indulgence,  or  c*)mplained  of  as  an 
encroachment,  according  to  the  temper  of  the 
times." 

Since  it  was  ascertained  that  the  American  Go- 
vernment was  not  disposed  to  vary  the  treaty  line, 
to««ie,  or  to  txchange  for  an  equivalent,  ilie  ri!;hl 
of  communication  between  Q,uebec  and  Halifax, 
which  seems  so  desirable  to  the  British  Govern- 
ment, other  objections  have  been  invented  and 
urged  by  that  Government  against  (he  claim  and 
right  of  the  American  Government  to  the  territory 
before  admitted  to  be  ours,  and  which  is  most  clear- 
ly ours  by  the  terms  of  the  treaty  of  1783. 
One  of  these  objections  is,  that  the  St.  Johns  river 
does  not  empty  its  waters  into  the  sea  or  Mlantie 
ocean,  but  into  the  bay  of  Fundy,  and  hence  that  the 
highlands  which  divide  the  waters  running  into  the 
river  St.  Lawrence  from  those  which  run  into  the 
river  St.  Johns,  are  not  such  highlands  as  are 
called  for  by  the  treaty.  Second:  that  there  are 
not  any  highlands  noith  of  the  Si.  Johns  river 
which  would  be  reached  by  running  a  due  north 
line  from  the  source  of  St.  Croix  river;  and,  thirdly, 
that  Marr's  Hill,  about  thirty  miles  south  of  St. 
John's  river,  on  the  due  north  line  from  the  source 
of  St,  Croix,  and  the  hills  and  mountains  sepa- 
rating the  waters  which  run  in  the  St.  Johns  river 
fi^om  those  which  run  into  Penobscot  river,  are  Ihc 
highlands  of  the  treaty,  and  along  which  the  boun- 
dary is  to  be  established.  In  answer  to  the  first 
objection,  it  is  sufficient  to  ask  Senators  to  look  at 
Mitchell's  map,  and  they  will  see  that  the  great 
river  of  Canada,  or  St.  Lawrence,  is  laid  down  on 
the  north  of  New  England  and  Nova  Scotia,  into 
which  certain  rivers  are  represented  as  runnina; 
from  among  the  highlands  therein  indicated;  and 
on  the  south  and  east  is  the  Atlantic  ocean,  into 
which  all  the  streams  and  rivers  south  of  the  same 
highlands  appear  to  run,  and  St.  Johns  river  is  one 
of  the  latter.  The  objection  that  the  St.  Johns  river 
empties  its  wateis  into  the  Bay  of  Fundy,  atM  thence 
into  the  ocean,  is  none  other  than  exists  against  the 
Penobscot,  which  empties  its  waters  into  Penobscot 
hay,  and  thence  into  the  ocean;  and  to  the  Kennebec, 
which  empties  its  waters  in'o  Sas^ndahoe  bay,  and 
thence  in'o  the  ocean,  and  both  of  which  latter  rivers 
are  admitted  by  the  British  Govemtmnt  to  empty  them- 
selves inla  the  Mantie  ocean. 

To  obviate  the  second  objection,  the  following 
extracts  are  deemed  .sufficient.  Colr.nel  Bouchette, 
Surveyor  General  of  Lower  Canacia,  in  his  topo- 
graphical description  of  that  province,  before 
quoted,  states:  "Beyond  this  range  it  aliout  fifty 
miles  distance,  is  the  ridge,  generally  denominated 
the  Lands  height,  dividing  the  waters  thai  fall  into 
the  St.  Lawrence  from  those  taking  a  direction 
towards  the  Atlantic  ocean,  and  along  whose  sum- 
mit is  supposed  to  run  the  boundary  line  between 
the  territories  of  Great  Britain  and  the  United 
States  of  America.  This  claim  commences  upon 
the  eastern  branch  of  the  Connecticut  river,  takes 
a  northeasterly  course,  and  terminates  near  Cape 
Rosier,  in  the  Gulf  of  St.  Lawrence."  And, 
"Prom  the  Connecticut  river,  the  height  of  land  on 
which  the  boundary  is  supposed  to  pass  ruos  to  the 


northeast,  and  divides  the  waters  that  fall  into  the 
St.  Lawrence  from  thotie  flowing  into  the  Atlantic; 
and  which  height,  after  running  some  distance 
upon  that  course,  sends  ufT  a  branch  to  the  east- 
ward, that  separates  the  heads  of  streams  fallmg 
into  Lake  Tamisronata  and  river  St  John,  and  by 
that  channel  into  the  Bay  of  Fundy,  from  those 
that,  descriid  in  a  more  direct  course  into  the 
Atlantic." 

Colonel  Johnson,  United  States  surveyor,  in  his 
account  of  the  survey  of  the  due  north  line  in  1817, 
says  that,  proceeding  north  from  the  last  mentioned 
ridge,  the  land  continues  very  high,  and  not  very 
uneven,  144  miles  26  chains,  (north  from  the 
monument,)  where  the  land  is  nearly  as  high  as  at 
132  miles,  and  is  the  ridge  which  divides  the  waters 
emptying  into  the  St.  Lawrence  from  those  which 
fall  into  the  Atlantic  ocean. 

Colonel  Paitridgc,  United  States  Surveyor,  states 
that  the  land  at  Grand  Portage,  near  Lake  Tamis- 
conata,  is  1336  feet  above  tide  water  of  the  St. 
Lawrence  at  St.  Andre. 

To  the  third  objection  it  is  answered  that  the  lo- 
cation of  the  boundary  at  Mars  Hill,  would  contra- 
dict all  cotemporaneous  understanding  as  to  the 
highlands,  which  formed  the  boundary  between  the 
province  of  Q,uebec  on  one  side,  and  the  provinces 
of  Massachusetts  Bay,  and  Nova  Scotia  or  New 
Brunswick  on  the  other.  It  contradicts  the  argu- 
ments and  opinions  of  the  British  agent,  and  of  the 
British  minister,  at  the  settlement  of  the  true  St. 
Croix,  of  the  treaty,  and  fixing  the  monument  at 
the  source  of  the  Scoudiac  river.  It  does  not  di- 
vide any  waters  i  vnning  into  the  St.  Lawrence  from 
waters  running  into  the  Atlantic  ocean,  but  does 
divide  streams  running  into  the  St.  Johns  from 
other  streams  running  into  Penobscot  river,  anil 
through  those  rivers  into  the  sea  or  Atlantic  ocean; 
in  other  words,  it  divides  waters  running  into  the 
Atlantic  ocean,  through  the  St.  Johns  river,  from 
waters  running  into  the  Atlantic  ocean,  through 
the  Penobscot  river.  Mars  Hill  is  a  separate,  iso- 
lated  mountain,  and  there  is  not  any  range  of  high- 
lands  extending  from  it  in  the  direction  toward  Con- 
necticut rivtr.  It  cannot  be  the  narthveest  ong/e  of 
Nova  Scotia,  for  the  reason  that  tha  teest  line  of 
Nova  Scotia,  now  New  Brunswick,  continues  due 
north  more  than  100  miles  from  Mars  Hill.  The 
highlands  of  the  treaty  must  be  where  the  north- 
west angle  of  Nova  Scotia  was  at  the  making  of 
the  treaty.  That  Nova  Scotia  extended  north,  as 
far  as  the  Resligouche,  is  proved  by  her  acts  of 
jurisdiction,  incorporating  counties,  parishes,  &c. 
upcm  that  river,  and  the  line  between  the  now  pro- 
vince of  New  Brunswick,  and  the  province  of 
Lower  Canada,  is  upon  the  bay  Chaleurs,  and  the 
range  of  highlands  extending  therefrom  toward  the 
head  of  Connecticut  river,  making  the  norlhioesl 
aiig-ie  of  New  Brunswick  where  the  American 
Government  claim  it  should  b",  more  than  lOU 
miles  due  north  from  Mars  Hill.  Further,  the 
original  west  line  of  Nova  Scotia  extended  from 
the  St.  Croix  river,  from  its  mouth  to  its  source, 
and  from  its  source  directly  north,  to  the  St  Law- 
rence, (since  changed  to  the  highlands,  or  south 
line  of  the  province  of  duebec,)  and  that  west  hue 
hns  not  been  varied,  but  now  is  the  west  line  of  the 
province  of  New  Brunswick.    It  is  not  denied  that 


«  north  lin 
iiilea  north  o 
nay  appear, 
asist  that  the 
iew  Brunsw 
ick,  viz:  at 
nd  about  on 
f  SI.  Croix  u 
ht  south  lini 
If  Mars  F 
cotia,  now  ] 
lat  the  line 
xtent,  must 
M  from  this 
ig  to  the  At 
iilcs  from  tl 
laim)  it  tun 
iles  to  the 
handier. 
Who,  befoi 
a  straigt  lii 
le  northwest 
tck. 

It  should,  I 
the  British 
arked  upon 
preseiitatioi 
d  of  the  I 
ctive  partie 
est  ol  the 
nd  west  of 
ew  Brunsu 
ns  to  the  C 
«n  to  181 
een  the  li 
rties,  conti 
land,  and  l 
J^evi  Bruni 
be  claime 
en  if  it  dc 
lould  rathe 
wer  Cana(' 
line  runni 
led  on  map 
n,  be  aloiis 
aty  iii  178^ 
['dispute  is  ] 
bi^,  now  Lo« 
ribed  in 
e  United 
n<Mler  has  bei 
ine,  orth( 
u  to  the  line 
not  and  neve 
1#>  thai  Pr 
'or  Gcner 
iiy  of  th 
er  Cana< 
^eys,  (wh 
ta4  to  which 
c«Hed.)  whici 
s  dividin 
vince  ol  1 
ich  highla: 
United  St 
the  north 
counties  i 


IS 


-*' 


I  that  fall  into  thf 
into  the  Atlantic;' 
g  some  distance 
inch  to  the  east-^ 
if  Ktreams  falling  j 

St  John,  and  by{ 
'undy,  from  those  | 

course   into    the ' 

surveyor,  in  hi.s 
lorth  line  in  1817, 
he  last  tnenliuned: 
[h,  and  not  very; 
(north    from  the 
irly  as  high  as  at< 
livides  the  waters: 
rom  those  which  ^ 

s  Surveyor,  states  ^ 
lear  Lake  Tamiv 
i  water  of  the  St. 

irered  that  the  lo- 
[ill,  would  contra- 
anding  as  to  the 
idary  between  the 
and  the  provinces 
a  Scotia  or  New 
tradicts  the  ar^n- 
agent,  and  of  the 
It  of  the  true  St. 
ihe  monument  at 
•.  It  does  not  di- 
U.  Laiorence  from 
3  ocean,  but  does 

St.  Johns  from 
obscqt  river,  anil 
r  Atlantic  ocean; 

running  into  the 
ihns  river,  from 
ic  ocean,  through 
s  a  separate,  iso- 
ny  range  ofhigh- 
tion  toward  Con- 
Wthwest  angle  of 
thd  west  line  of 
ck,  conlimus  due 

Mtrs  HiU.     The 

where  the  north- 
at  the  making  of 

tended  north,  as 
by  her  acts  of 
es,  parishes,  (fee. 
een  the  now  pro- 

the  province  of 

ihaleurs,  and  the 

!from  toward  the 

ng  the  norlhwesl 

the  American 

more  than  lOU 
II,  Further,  the 
extended  from 

th  to  its  source, 
to  the  St  Law- 

hiands,  or  south 

nd  that  west  line 
e  west  line  of  the 
is  not  denied  that 


le  north  line  of  New  Brunswick  is  at  least  100 
liiles  north  of  Mars  nill,  and  yet,  strange  as  it 
lay  appear,  the  British  Qorernment  contend  and 
isist  that  the  nortkiettt  tmglt  of  Nova  Scotia,  now 
[ew  Brunswick,  is  in  llu  ve$t  line  o''  Ncv  Bruns- 
rick,  viz:  at  Mars  Hill,  a  point  inihat  west  line,! 
knd  about  one-lAiird  of  the  distance  from  the  lomt 
St.  Vroix  tu  the  north  line  of  New  Brunswick,  . 
le  south  line  of  Canacta. 

If  Mars  Hill  be  the  northwtit  angle  of  Nova 
:(itia,  now  New  Brunswick,  it  would  be  expected 
lat  the  line  of  New  Brunswick,  in  its  further 
ilent,  muHt  vmry  to  the  taitteard  of  north;  but  so 
tr  from  this  being  the  fact,  it  continues  (aocord- 
ig  to  the  American  claim)  due  north,  about  100 
iilcs  from  (hat  hill,  and  (according  to  the  British 
laim)  it  turns  iotit,  and  extends  more  than  100 
liles  to  the  head  waters  of  the  Kennebec  and 
^haudier. 
Who,  before  this,  ever  heard  of  an  angle  midway 
a  i(ratg:(  tine?  but  so  it  must  bt  if  Mara  Hill  be 
le  northwest  on^fe  of  Nova  Scotia  or  New  Bruns- 
wick. 

It  should,  also,  be  borne  in  mind  that,  according 
the  British  claim  as  now  insisted  upon,  and  as 
larked  upon  map  A,  which  is  agreed  to  be  a  true 
ipreseiitation  of  Ihe  topography  of  the  country, 
id  of  the  lines  of  boundary  claimed  by  the  res- 
active  parties,  the  tract  uf  country  which  is  situate 
^est  ol  the  due  north  line  from  the  monument, 
tml  west  of  the  west  line  of  Nova  Scotia,  now 
[ew  Brunswick,  as  described  in  all  Ihe  commis- 
)n3  to  the  Governors  of  that  province,  from  1763 
)wn  tu  1819,  and  probably  to  this  day,)  and  be- 
reen  the  lines  contended  for  by  the  respective 
irties,  contains  from  five  to  six  millions  of  acres 
land,  and  is  now  claimed  as  pa'°l  of  the  province 
JWw  Brunswick.  By  what  right  or  pretence  can 
be  claimed  as  belonging  to  New  Brunswick; 
^en  if  it  do  not  belong  to  the  United  States,  it 
onid  rather  !>eem  lo  belong  to  Ciuebec,  or 
)wer  Canada,  as  now  called.  If  Mars  Hdl,  and 
line  running  from  it  westwardly,  and  desig- 
Ited  on  map  A  as  the  line  ciainied  by  Great  Bri- 
in,  be  along  ttic  highlands  as  desciibed  in  the 
taty  of  1783,  then  it  must  follow  that  the  territory 
I  dispute  is  part  of  the  former  Province  of  Que- 
;,  now  Lower  Canada,  the  .-south  line  of  which  is 
sribed  in  the  same  language  as  is  the  north  line 
le  United  States.  But  it  is  not  ^o,claimed,  and 
sr  has  been.  There  is  no  controversy  between 
pne,  or  the  United  States,  with  Lowpr  Canada, 
aiio  the  line  of  boundary  between  them.  There  is 
and  never  tias  been,  any  contlictol  jurisdiction 
that  Province,  and  so  late  as  1815,  the  Sur- 
Ifor  General  of  Canada,  Col.  Boucheite,  by  au- 
riiy  of  that  Government,  published  a  map  of 
rer  Canada,  upon  a  large  scale,  and  from  actual 
reys,  (which  now  hangs  in  the  Senate  chamber, 
•ill  to  which  the  attention  of  Senators  is  earnestly 
Cimed.)  which  shows  cleatly  and  distinctly  the  high- 
Is  dividing  the  Province  of  Canada  from  the 
ivince  of  Maine,  now  the  Slate  of  Maine,  and 
ich  highlands  are  identical  with  those  for  which 
United  States  always  have  and  still  docont'-nd. 
:  the  north  of  Mat  range  of  h^hlands  are  marked 
I  counties  and  parishes  in  Lower  Canada,  and  on 


the  saul4o/il  is  marke'l  the  Provinee  of  Maine;  and 
It  would  be  with  an  ill-grace,  alter  such  a  survey 
and  map  of  Lower  Canada,  for  any  ene  to  con- 
tend that  Lower  Canada  extended  over  those  high- 
lands and  south  to  the  line  claimed  by  Great  Bri- 
'ain.  But  notwithstanding  all  the  obstacles  to  the 
t.in>  of  New  Brunswick  to  this  territory,  and  all 
<e  absurditis  to  which  such  a  claim  is  liable,  it  is 
■I  fact  that  the  Government  of  New  Brunswick  not 
only  claim  actual  and  exclusive  jurisdiction  orer 
ii,  but  have  granted  land  within  its  limits,  have  ap- 
pointed a  warden  to  superintend  and  protect  it,  and 
deny  to  the  Government  of  Maine  and  of  the 
United  States  the  right  of  property  and  juiisdicliua 
within  it.  Yet  more:  Ameriean  citizens,  residing 
upon  that  territory,  are  made  amenable  to  the  «a< 
thorities  of  that  Provinee,  have  been  arrested  at 
their  own  homes  by  ofiieers  of  that  Province,  taken 
to  Frederickion  and  there  imprisoned,  tried  by  their 
courts,  condemned  and  punished  for  no  other 
crime  than  asserting  their  rights  as  American  citi- 
zens, and  attempting  to  execute  the  laws  of  their 
country;  and  when  we  complain  of  these  acts  of 
outrage,  and  contempt  of  our  rights  as  American 
citizens,  we  arc  told  that  Great  Britain  was  origi- 
nally the  owner  of  the  whole,  and  that  their  right 
continues  until  the  line  khall  be  settled,  and  ihe 
part  released  be  formally  set  apart.  Such  doctrine 
IS  not  apt'licable  to  the  ease  in  question.  The 
treaty  was  not  a  grant  of  territory,  but  the  ac- 
knowledgment of  the  independence  of  colonies,  and 
prescribing  limits  to  such  as  were  declared  to  be 
independent;  and  when  such  claim  is  pat  forth  and 
threatened  to  be  enforced,  in  Ihfe  language  held  by 
Sir  Archibald  Campbell,  while  he  was  Lieutenant 
Governor  of  New  Brunswick,  and  by  Sir  John 
Ilarvey,  the  present  Lieutenant  Governor  of  that 
Province,  there  seems  no  alternative  but  to  submit, 
and  abandon  all,  or  to  assert  our  rights,  perform 
our  duties  to  one  of  the  States  of  the  Union,  and 
maintain  the  honor  of  the  nation  by  running  the 
line  and  giving  protection  to  all  our  citizens  within 
it. 

In  1831,  Sir  Archibald  Campbell,  then  Lieuten- 
ant Governor  of  New  Brunswick,  in  a  letter  to  the 
then  Governor  of  Maine,  say.s:  "  It  i.s,  perhaps, 
unnecessary  to  remind  your  excellency,  that  until 
the  unfortunate  boundary  question  is  definitively 
^ettled,  it  is  my  imperative  duty  to  maintain  inviolate 
the  existing  boundaries  of  the  Province  committed 
to  my  charge."  And  so  late  as  September  last,  Sir 
John  Harvey,  Lieutenant  Governor  of  New  Bruns- 
wick, in  a  letter  lo  Governor  Dunlap,  of  Maine, 
says:  "  I  hold  positive  instructions  from  my  Go- 
vernment not  to  suffer  any  act  of  sovereignty  to  be 
exercised  by  any  fcreign  power  within  the  territory 
in  dispute  betwixt  Great  Brit.. in  and  the  United 
States,  until  the  right  to  that  territory  shall  jave 
been  determined  by  negotiation  by  the  two  Gtovern- 
menis;  that  he  has  no  discretionary  power  what- 
ever upon  the  subject;  "nd  that,  if  <Ae  wholemUUary 
force  of  British  t^merica  should  be  necessary  to  ena- 
ble me  to  give  effect  to  these  instructions,  thatforct 
would  be  placed  at  my  disposal."  Add  to  these  offi- 
cial declarations  that  recently  (he  British  forces  des- 
tined for  Canada,  without  asking  the  permission  of 
this  Government,  were  marched  across  the  disputed 


14 


territory  to  Q.aebec;thaiprepirationB  for  a  military 
post  at  Woodstock  are  being  made,  and  that  the 
military  force  at  Frederickion  and  Halifax  has 
lately  been  increased  by  the  addition  of  two  regi- 
ments at  the  former,  and  three  regiments  at  the 
latter  place,  and  I  need  not  say  thai  the  crisis  has 
arrived  when  this  controversy  about  our  boundary 
should  be  taken  in  charge  by  Congress,  and  such 
measures  promptly  adopted  as  will  afford  protec- 
tion to  our  citizens,  bring  the  question  of  boundary 
to  a  speedy  issue,  preserve  the  righia  of  Blune,  and 
aave  tb«  h()nor  of  the  nation. 

How  these  objects  shall  ke  attained  is  for  Con- 
gress, in  its  wisdom,  to  determine.  It  is  altogether 
firobable,  that  should  Maine  attempt  to  run  the 
ine,  unaided  by  the  Gkneial  Qovemment,  conflicts 
might  ensue  which  must  eveatnally  bring  the  Gcne- 
nl  Goverament  to  her  aid.    Is  it  not  better,  man 


just  to  Maine,  and  leas  likely  to  disturb  the  peac 
ful  relations  between  tlie  two  Governments, 
the  United  States  should  at  usee  undertake  thesur^ 
vey  of  that  linel  If  the  Government  of  Great ', 
tain  will  concur,  and  aid  in  the  survey,  there  caol 
be  no  trouble;  if  that  Government  should  not  eoni 
cur,  she  cannot  reasonably  complain  of  ourmakingl 
ii;  and  when  made,  it  will  remain  for  her  to  acquiT 
esc*  in  it,  or  to  pursue  such  other  course  as  shtl 
may  think  the  merits  of  her  pretended  claim  wili| 
justify  her  in  adopting. 

Sincerely  desirous  of  preserving  peace,  I  propottl 
the  bill  to  provide  for  surveying  the  boundary  nn-l 
der  the  authorihr  of  the  United  States,  in  the  fnill 
belief  that  it  is  the  only  mode  in  which  the  rightif 
of  Maine  and  of  the  nation  caa,  or  will,  be 
lained. 


■9, 


thail 


itnrb  the  pf tc 
vernments,  i 
idertake  the  nar-l 
Dt  of  Great  Bri-i 
irvey,  there  caDl 
should  not  conT 
nof  ourmakiDgl 
'or  her  to  acqui-f 
>  course  as  shtl 
aded  claim  will 


^aee,  I  propottl 
le  boundary  nn*! 
ates,  in  the  fnlll 
rhich  the  lighul 
will,  be 


^^^' 


